EXCHANGE 


State  Control  of  Instruction 


A  STUDY  OF  CENTRALIZATION  IN 
PUBLIC  EDUCATION 


BY 

AUGUST  WILLIAM  WEBER 

Professor  of  Psychology  and  Education,  Cleveland  Normal  Training  School 


A  THESIS  SUBMITTED  FOR  THE  DEGREE  OF  DOCTOR  OF  PHILOSOPHY 

UNIVERSITY  OF  WISCONSIN 

1911 


CLEVELAND,  OHIO 
1914 


State  Control  of  Instruction 


A  STUDY  OF  CENTRALIZATION  IN 
PUBLIC  EDUCATION 


BY 

AUGUST  WILLIAM  WEBER 

« i 

Professor  of  Psychology  and  Education,  Cleveland  Normal  Training  School 


A  THESIS  SUBMITTED  FOR  THE  DEGREE  OF  DOCTOR  OF  PHILOSOPHY 

UNIVERSITY  OF  WISCONSIN 

1911 


CLEVELAND,  OHIO 
1914 


CONTENTS  PAGE 

INTRODUCTION 4 

The  centralizing  tendency  of  public  education — The  pur- 
pose of  this  dissertation. 

CHAPTER  I — Historical  Sketch 5 

The  early  colonists— The  act  of  1642— The  act  of  1647— Free 
schools  in  colonial  times — Religious  control  of  colonial  schools — 
The  later  colonial  period — The  origin  of  the  district  school — 
State  systems  of  education — Causes  of  centralization — Evidences 
of  centralization. 

CHAPTER  II — Elementary  Education 19 

The  need  of  education — The  necessity  for  state  control — The 
meaning  of  state  control — Elementary  education  of  first  con- 
sideration— The  curriculum  as  a  controlling  factor — Constitu- 
tional provisions — Means  of  control  of  curricula — Statute 
requirements — State  courses  of  study — Extent  of  centralized 
control — Exceptional  requirements — Enrichment  and  elimina- 
tion— Authority  of  school  boards  over  courses  of  study — School 
efficiency — Eighth  grade  examination — State  subsidies — State 
supervision  of  school  buildings — The  centralizing  tendency  a 
recent  growth. 

CHAPTER  III — Secondary  Education 38 

The  need  of  secondary  education — The  origin  of  the  high 
school — State  requirements  as  to  courses  of  study — Extent  of 
state  control — Minimum  requirements — The  aim  of  the  high 
school — State  aid — Manual  and  industrial  training — Agricul- 
ture— Selection  and  adoption  of  textbooks — Examination  and 
certification  of  teachers — Centralization  of  control. 

CHAPTER  IV — Foreign  Language  Instruction 55 

Language  a  vehicle  of  thought  and  expression — Language  a 
unifying  force — Value  of  foreign  language  study — Foreign 
language  as  a  medium  of  instruction — Judicial  decisions  regard- 
ing foreign  language  instruction — Public  school  education 
must  be  English. 

CHAPTER  V — Special  Elements  of  the  Curriculum 68 

Physiology  and  hygiene — Patriotism — Arbor  Day — Bird  Day — 
Humane  education. 

CHAPTER  VI — Moral  and  Religious  Education 85 

The  demand  for  moral  training — Legal  provisions  for  moral 
instruction — Constitutional  provisions  regarding  religious  in- 
struction— Statutory  provisions  regarding  religious  instruc- 
tion— Legal  decisions  regarding  religious  instruction — The 
state  the  factor  of  control. 

CHAPTER  VII — Inspection  and  Supervision 104 

Importance  of  supervision — State  superintendent — State  courses 
of  study — State  board  of  education — State  supervision — State 
supervision  of  recent  growth. 

CHAPTER  VIII — Influence  of  Higher  Institutions  on  Sec- 
ondary Courses  of  Study 120 

The  purpose  of  this  discussion — The  accrediting  system — 
College  domination. 


STATE  CONTROL  OF  INSTRUCTION 


INTRODUCTION. 
THE  CENTRALIZINC  TENDENCY  OF  PUBLIC  EDUCATION. 

At  any  period  of  the  world's  history  the  dominant  institution 
has  had  control  of  education.  The  family,  the  tribe,  the  guild, 
the  church,  have  at  various  times  in  the  history  of  man,  wielded 
the  scepter  of  learning.  The  most  dominant  power  of  modern 
society  is  the  state,  and  the  underlying  principle  of  American 
civilization  is  justice  and  equity.  With  the  growth  of  the  spirit 
of  democracy  this  principle  has  become  felt  in  education.  To 
provide  equal  opportunities  for  all,  the  state  has  assumed  greater 
and  greater  control  in  the  administration  of  public  education  in 
the  United  States.  In  less  than  a  century  a  transformation  has 
taken  place.  From  a  state  of  extreme  decentralization,  as  repre- 
sented by  the  early  colonial  schools,  has  evolved  one  of  increas- 
ing centralized  power  in  constituted  school  authorities.  Modern 
public  education  is  characterized  by  the  increasing  control  ex- 
ercised by  the  state.  The  trend  of  development  has  been  toward 
the  firmer  establishment  of  a  wider  and  more  effective  state  su- 
premacy over  education. 

THE  PURPOSE  OF  THIS  DISSERTATION. 

Among  the  most  significant  factors  of  this  centralizing  pro- 
cess is  the  curriculum  of  the  public  school.  It  is  the  purpose  of 
this  dissertation  to  analyze  and  set  forth  the  contemporary  status 
of  this  state-controlled  curriculum  of  elementary  and  secondary 
public  schools,  to  display  the  sharp  distinction  between  the  modern 
centralized  state  school  and  the  decentralized  institution  from 
which  it  has  developed. 


HISTORICAL  SKETCH 


CHAPTER  I. 
HISTORICAL  SKETCH. 

THE  EARLY  COLONISTS. 

The  history  of  education  in  the  United  States  had  its  begin- 
ning with  the  first  permanent  English  settlement.  The  early  New 
England  colonists  came  from  the  foremost  of  European  peoples. 

"Never  since,  in  the  history  of  our  country  has  the  popula- 
tion as  a  class  been  so  highly  educated  as  during  the  first  half 
century  of  the  Massachusetts  settlements.  One  man  in  every 
250  had  been  graduated  from  an  English  university,  and  both 
clergy  and  laity  had  brought  enviable  reputations  for  superior 
service  both  in  church  and  college."1 

Though  puritanism  was  "the  consummate  flower  of  English 
intellect,"2  it  must  be  remembered  that  the  emigrants  shared  the 
prevailing  opinions,  prejudices,  and  modes  of  thinking  of  the 
English  at  that  day.3  They  came  to  reproduce,  as  far  as  circum- 
stances would  permit,  their  English  life.  They  recognized  class 
distinctions  and  first  set  about  erecting  colleges  for  the  training 
of  the  aristocracy  for  the  Church  and  the  State. 

THE  ACT  OF  1642. 

The  first  legislation  found  in  colonial  records  upon  the  sub- 
ject of  education,  excepting  that  in  reference  to  Harvard  College, 
is  the  act  passed  June  14,  1642 : 

"This  Cort,  taking  into  consideration  the  great  neglect  of 
many  parents  &  masters  in  training  up  their  children  in  learning, 


1  Dexter:    History  of  Educaton  in  the  U.  S.,  p.  24. 

2  Martin:    Evolution  of  the  Massachusetts  Public  School  System,  p.  2. 

3  "In  reckoning-  the  mental  outfit  of  the  first  comers  we  should  only 
mislead    ourselves    by   recalling    the    names    of   Johnson   and    Shakespeare 
and    the   other   lights    that   were   shining-    when    the    Susan    Constant    and 
her  two  little  consorts   sailed   out  of  the  Thames   to  bear  a  company   of 
English  people  to  the  James  River.     Nor  will  it  avail  much  to  remember 
that   Milton    was    a   Puritan   at   the   same    time   with   Cotton   and   Hooker 
and    Winthrop.      The    emigrants   'had    no    considerable   part    in    the    higher 
intellectual    life    of   the    age;    the   great   artistic   passions    of   Shakespeare 
and    Milton    touched    them    not    at    any    point.      Bacon's    contributions    to 
the  art   of  finding   truth   did  not  belong-  to   them.     Men   may   live   in    the 
same    time    without    being    intellectual    contemporaries." — Eggleston:    The 
Transit  of  Civilization,  p.   2. 


6  STATE  CONTROL  OF  INSTRUCTION 

&  labor,  &  other  implyments  which  may  be  proffitable  to  the  com- 
mon wealth,  do  hereupon  order  and  decree,  that  in  every  towne 
ye  chosen  men  appointed  for  managing  the  prudentiall  affajres 
of  the  same  shall  henceforth  stand  charged  with  the  care  of  the 
redresse  of  this  evill,  so  as  they  shall  be  sufficiently  punished  by 
fines  for  the  neglect  thereof,  upon  presentment  of  the  grand  iury, 
or  other  information  or  complaint  in  any  Court  within  this  juris- 
diction; and  for  this  end  they,  or  the  greater  number  of  them, 
^hall  have  power  to  take  account  from  time  to  time  of  all  parents 
and  masters,  and  of  their  children,  concerning  their  calling  and 
implyment  of  their  children,  especially  of  their  ability  to  read  & 
understand  the  principles  of  religion  &  the  capitall  lawes  of  this 
country,  and  to  impose  fines  upon  such  as  shall  refuse  to  render 
such  accounts  to  them  when  they  shall  be  required/'4 

While  this  act  made  education  compulsory,  it  did  not  pro- 
vide schools  nor  teachers,  but  the  children  as  before  had  to  se- 
cure their  training  at  home,  from  private  teachers,  or  in  volun- 
tary schools.  Five  years  later  the  General  Court  of  Massachu- 
setts enacted  the  general  law  which  laid  the  foundation  for  the 
common  school  system. 

THE  ACT  OF  1647. 

"It  being  one  chiefe  piect  of  yt  ould  deluder,  Sathan,  to 
keepe  men  from  ye  knowledge  of  ye  Scriptures,  as  in  formr 
times  by  keeping  ym  in  an  unknown  tongue,  so  in  these  lattr 
times  by  pswading  from  ye  use  of  tongues,  yt  so  at  least  ye  true 
sense  &  meaning  of  ye  originall  might  be  clouded  by  false  glosses 
of  saint  seeming  deceivers,  yt  learning  may  no.t  be  buried  in  ye 
grave  of  or  fathrs  in  ye  church  &  commonwealth,  the  Lord  as- 
sisting or  endeavors, — 

"It  is  therefore  ordred,  yt  evry  towneship  in  this  iurisdiction 
aftr  ye  Lord  hath  increased  ym  to  ye  number  of  50  householdrs, 
shall  then  forthwth  appoint  one  wthin  their  towne  to  teach  all 
such  children  as  shall  resort  to  him  to  write  and  reade,  whose 
wages  shall  be  paid  eithr  by  ye  parents  or  mastrs  of  such  children, 
or  by  ye  inhabitants  in  genrall,  by  way  of  supply,  as  ye  maior  pt 
of  those  yt  ordr  ye  prudentials  of  ye  towne  shall  appoint ;  pvided, 
those  yt  send  their  children  be  not  oppressed  by  paying  much 
more  yn  they  can  have  ym  taught  for  in  othr  townes ;  &  it  is  fur- 
thr  ordered,  yt  where  any  towne  shall  increase  to  ye  numbr  of 
100  families  or  householdrs  they  shall  set  up  a  grammer  schoole, 
ye  mr  thereof  being  able  to  instruct  youth  so  farr  as  they  may 
be  fited  for  ye  university ;  pvided,  yt  if  any  towne  neglect  ye 

4  Records   of   the   Governor   and   Company   of    the    Massachusetts    Bay 
in  New  England,  Vol.   II,   p.   6. 


HISTORICAL  SKETCH  7 

pformance  hereof  above  one  yeare,  yt  such  towne  shall  pay  ot  to 
ye  next  schoole  till  they  shall  pforme  this  order."5 

This  act  recognized  elementary,  secondary,  and  higher  edu- 
cation. While  the  act  of  1642  made  education  compulsory,  it  pro- 
vided neither  schools  nor  teachers.  The  act  of  1647,  though  the 
responsibility  of  educating  children  still  rested  on  parents  and 
masters,  compelled  the  towns  to  supply  the  schools. 

THE  CHARACTER  OF  COLONIAL  SCHOOLS. 

How  effective  this  legislation  became  in  the  history  of  Massa- 
chusetts it  is  not  easy  to  determine.  Reading  and  writing  were 
required  to  be  taught  in  the  first  elementary  schools,  while  Latin 
formed  by  far  the  major  part  of  the  secondary  instruction. 

''Latin  was  apparently  three-quarters  of  the  curriculum  in 
most  of  the  grammar  schools,  or  more  likely  nine-tenths  of  it, 
or  nineteen-twentieths."6 

Dr.  Hinsdale  characterizes  the  early  colonial  schools  in  these 
words : 

"In  general  it  may  be  said  that  the  system  of  education  es- 
tablished in  those  early  years  grew  for  a  time  with  the  growth 
of  the  commonwealth.  The  many  learned  to  write  and  read  in 
the  elementary  schools ;  the  few  fitted  for  college  in  the  Latin 
schools  and  graduated  at  Harvard/'7 
Fiske  expresses  a  similar  view: 

"The  people  of  Colonial  New  England  were  not  all  well-edu- 
cated, nor  were  all  their  country  schools  better  than  old  field 
schools.  The  farmer's  boy,  who  was  taught  for  two  winter 
months  by  a  man  and  two  summer  months  by  a  woman,  seldom 
learned  more  in  the  district  school  than  how  to  read,  write  and 
cipher."8 

In  the  other  New  England  colonies,  founded  by  men  of  the 
>ame  character,  under  quite  similar  economic  conditions,  educa- 
tional events  followed  like  courses.  The  Massachusetts  schools 
served  as  models  for  the  neighboring  colonies,  although  they  did 
not  achieve  such  progress  as  was  attained  by  the  older  com- 
monwealth. It  cannot  be  said  that  any  of  the  colonies  were  in- 
different to  education,  but  outside  of  New  England  it  did  not 

5  Records  of  the  Governor  and  Company  of  the  Massachusetts  Bay 
in  New  England,  Vol.  II,  p.  203. 

«  Brown:    The   Making-  of  Our  Middle  Schools,   p.   133. 

7  Hinsdale:  Horace  Mann  and  the  Common  School  Revival  in  the 
United  States,  p.  7. 

s  Fiske:    Old  Virginia  and  Her  Neighbors,  Vol.   II,  p.   251. 


S  STATE  CONTROL  OF  INSTRUCTION 

become  a  matter  of  public  concern.  Such  attention  as  it  received 
was  more  largely  private,  and  fell  far  short  of  that  of  Massachu- 
setts. The  difference  between  the  early  New  England  settlers 
and  those  of  Virginia  and  other  southern  colonies,  the  isolated 
plantations,  and  the  absence  of  community  life,  precluded  the  es- 
tablishment of  such  schools  as  were  found  in  New  England. 

"Still  it  cannot  be  doubted  that,  down  to  the  beginning  of 
the  Common  School  Revival,  the  other  states  were  all  far  in  the 
rear  of  Massachusetts  and  Connecticut.  For  this  there  were 
many  reasons,  some  external  and  some  internal.  Nowhere  out- 
side of  New  England  do  we  find  that  intense  town  life  which 
did  so  much  to  stimulate  men's  minds,  including  schools  and 
learning.  And  nowhere  else,  save  among  the  Scotch-Irish  of  the 
frontiers,  did  the  prevailing  type  of  religious  belief  and  eccelesias- 
tical  organization  tend  so  strongly  to  diffuse  intelligence  and 
promote  education.  There  was  a  wide  interval  between  the 
planters  of  the  South,  for  instance,  and  the  farmers,  lawyers, 
ministers,  and  tradesmen  of  the  New  England  States.  Learning 
held  no  such  place  in  the  mind  of  the  one  as  in  the  mind  of  the 
other.  The  typical  Virginian  was  a  man  of  vigorous  faculties, 
knowledge  of  the  world,  force  of  character,  and  book  education 
sufficient  for  his  purposes ;  he  bore  himself  well  on  the  plantation 
and  in  the  hunting  field,  in  the  vestry  meeting,  at  the  hustings. 
and  in  the  House  of  Burgesses;  but  he  was  no  theologian,  dia- 
lectician, or  scholar.  He  was  a  Protestant,  indeed,  but  he  be- 
longed to  the  Established  Church,  which  was  always  sluggish  in 
respect  to  popular  education  as  compared  with  the  more  vigorous 
dissenting  bodies  that  have  done  such  great  things  for  education 
on  the  Continent,  in  Great  Britain,  and  in  the  United  States. 
Finally,  at  the  South  slavery  was  an  important  factor  that  the 
historian  who  treats  the  subject  thoroughly  must  deal  with/'9 

Clifton  Johnson  gives  this  description  of  the  schools  in  the 
South : 

"I  have  been  describing  educational  conditions  particularly  as 
they  were  in  New  England.  Though  far  from  ideal,  these  con- 
ditions were  nevertheless  better  than  in  any  other  part  cf  the 
country.  Especially  in  the  South,  with  its  widely  separated 
houses  and  few  villages,  the  environment  was  in  every  way  un- 
favorable for  maintaining  public  schools.  The  children  of 
wealthy  planters  were  usually  taught  by  private  tutors  or  sent  to 
England  to  be  educated ;  yet  once  in  a  while  a  planter  would  start 
a  little  school  for  the  benefit  of  his  own  children  and  the  other 

oHinsdale:     Horace    Mann    and    the    Common    School    Revival    in    the 
United   States,  p.   34. 


HISTORICAL  SKETCH  9 

white  children  who  chanced  to  live  on  or  near  his  plantation.  The 
teachers  of  such  plantation  schools  were  apt  to  be  redemptioners 
and  exported  convicts.  In  Europe  at  the  time,  the  lot  of  the 
poor  was  extremely  hard  and  many  persons  came  across  the  At-, 
lantic  solely  to  escape  the  inevitable  misery  at  home.  The  cap- 
tain of  the  ship  that  brought  over  a  penniless  man  of  this  class 
was  allowed  to  sell  him  for  four  years  to  pay  his  passage.  It  was 
also  customary  to  transport  men  who  had  been  convicted  of  small 
crimes  and  sell  them  for  periods  of  greater  or  less  length.  When 
one  of  these  unfortunates  could  read  and  write,  he  sometimes  was 
purchased  for  a  schoolmaster,  and  teachers  of  this  kind  were 
common,  both  in  the  Southern  and  Middle  colonies.  Not  infre- 
quently they  were  coarse  and  degraded  and  they  did  not  always 
stay  their  time,  as  is  witnessed  by  advertisements  like  the  follow- 
ing in  the  newspapers  of  the  period.  Ran  away :  A  servant  man 
who  followed  the  occupation  of  a  schoolmaster,  much  given  to 
drinking  and  gambling."10 

Hinsdale  speaks  in  a  similar  way  when  he  says : 
"Southern  gentlemen  sometimes  owned  the  teachers  of  their 
children :  convicts  or  indentured  persons  whom  they  purchased 
of  the  skippers  that  laid  them  down  in  the  harbors.  There  is  an 
old  story,  not  very  well  authenticated,  that  Washington  received 
his  early  lessons  from  a  convict  servant  whom  his  father  had 
bought  in  the  market.  The  ministers  of  the  churches  o*ten  eked 
out  their  slender  salaries  and  contributed  to  the  enlightenment 
of  their  several  communities  by  teaching  school,  and,  perhaps 
still  oftener,  by  teaching  private  pupils."11 

FREE  SCHOOLS  IN  COLONIAL  TIMES. 

The  schools  of  colonial  times,  with  the  possible  exception  of 
Massachusetts  were  not  free.  In  fact,  in  most  localities  the  later 
public  schools  had  their  genesis  in  private  or  charitable  under- 
takings. 

"When  other  means  of  education  were  lacking,  the  laws  or- 
dered that  the  parents  themselves  should  impart  instruction  to 
their  children.  But  most  communities  contrived  to  have  a  dame 
school.  There  was  always  some  woman  in  every  neighborhood 
who,  for  a  small  amount  of  money,,  was  willing  to  take  charge 
of  the  children  and  teach  them  the  rudiments  of  knowledge.  The 
older  and  larger  towns  had  their  dame  schools,  as  well  as  the 
pioneer  villages,  and  they  were  everywhere  a  chief  dependence 
for  elementary  instruction :  yet  they  were  seldom  at  first  town 


10  Clifton   Johnson:    Old  Time  Schools   and   School  Books,  p.   32. 

11  Hinsdale:     Horace   Mann    and    the    Common    School    Revival    in    the 
U.    S.,   p.   36. 


10  STATE  CONTROL  OF  INSTRUCTION 

schools,  and  none  of  them  were  free  for  a  long  time 

The  school  dame  did  not  usually  find  the  labor  of  teaching  very 
onerous.  While  she  heard  the  smaller  pupils  recite  their  letters, 
and  the  older  ones  read  and  spell  from  their  primers,  she  busied 
her  fingers  with  knitting  and  sewing,  and  in  the  intervals  between 
lessons  sometimes  worked  at  the  spinning  wheel.  An  interesting 
instance  of  school-dame  industry  occurs  in  the  annals  of  North- 
field,  Mass.  The  first  teacher  in  the  town  was  a  woman  hired 
to  care  for  a  class  of  little  ones  twenty-two  weeks  in  the  warm 
season.  Besides  the  neighbor's  children,  she  had  four  of  her  own 
to  look  after,  yet  her  energies  were  by  no  means  exhausted,  and 
the  semi-leisure  of  the  schoolroom  allowed  her  to  work  quite 
steadily  making  shirts  for  the  Indians  at  eight  pence  each."] 

The  idea  of  universal  public  education  was  one  of  slow 
growth. 

"Taking  our  stand  at  the  point  where  the  half-mediaeval 
seventeenth  gives  place  to  the  far  more  modern  eighteenth  cen- 
tury, we  can  see  that  the  thousand-year-old  exclusive  instruction 
of  the  few  was  in  process  of  slow  transformation  into  a  scheme 
of  popular  and  universal  education.  As  usual  in  such  a  metamor- 
phosis, the  change  was  made  by  insensible  gradations;  the  con- 
tinuity without  apparent  seam."13 

Martin  speaking  of  the  free  schools  of  Massachusetts  says: 

"When  this  result  had  been  reached,  about  the  middle  of 
eighteenth  century,  Massachusetts  stood  alone  in  the  world.  Ex- 
cepting New  Hampshire,  which  was  so  closely  identified  with 
Massachusetts  as  to  be  thought  of  with  it,  no  other  state  in  the 
Union  had  a  free-school  system.  Connecticut  had  public  schools, 
but  they  were  not  free  until  later.  New  York  had  no>  public 
school  system  of  any  kind  at  this  time,  and  had  no  free-school 
system  until  a  century  later.  The  European  systems  furnished 
free  schooling  only  to  the  poor."1 

But  the  whole  environment  and  the  very  life  of  the  colonists 
was  such  as  to  lead  them  to  unite  their  forces,  and  they  in  time 
became  more  democratic.  When,  however,  they  gained  a  larger 
view  of  education  and  recognized  its  desirability  for  the  many  as 
well  as  the  few,  it  was  because  they  saw  its  value  to  the  individ- 
ual. They  did  not  at  once  realize  that  the  very  safety  of  their 
government  depended  on  the  diffusion  of  learning  among  all  the 
people.  As  late  as  1838,  at  a  convention  called  in  Trenton,  this 


12  Clifton  Johnson:    Old  Time  Schools   and  School  Books,   p.   24. 
iSEggleston:     The   Transit    of   Civilization,    p.    237. 

14  Martin:    The  Evolution  of  the  Massachusetts  Public  School  System, 
p.    52. 


HISTORICAL  SKETCH  11 

question  is  argued  at  length  in  an  address  to  the  people  of  Xew 
Jersey. 

"In  the  theory  of  our  constitution,  the  people  are  the  govern- 
ors. In  practice  they  ought  to  be.  And  is  ignorance  the  quali- 
fication for  good  government?  Would  you  select  a  man  to  make 
your  laws  who  cannot  read?  Or  one  who  cannot  write  to  exe- 
cute them  ?  Yet  the  authority  which  they  exercise,  and  the  abuses 
of  which  they  are  capable,  are  nothing,  in  comparison  with  them 
from  whom  all  power  proceeds,  and  without  whose  permission  no 
wrong  can  be  done.  Fellow  citizens,  we  are  republicans.  Our 
country  is  our  commonwealth.  We  have  all  an  equal  share  in 
her.  Her  laws  are  alike  for  the  protection  of  all.  Her  blessings 
are  our  common  privileges.  Her  glory  is  our  common  pride.  But 
common  privileges  impose  a  common  responsibility.  And  equal 
rights  can  never  be  disjoined  from  equal  duties.  The  constitution 
which,  under  God,  secures  our  liberties,  is  in  the  keeping  of  all. 
It  is  a  sacred  trust  wrhich  no  man  can  delegate.  He  holds  it  for 
himself,  not  for  his  children,  for  posterity,  and  for  the  world. 
And  he  who  cannot  read  it,  who  does  not  understand  its  provis- 
ions, who  could  not  on  a  just  occasion,  assert  its  principles,  no 
more  sustains  the  character  of  an  American  citizen,  than  the  man 
who  would  not  seal  it  with  his  blood.  It  is  in  vain  to  say  that 
education  is  a  private  matter,  and  that  it  is  the  duty  of  every 
parent  to  provide  for  the  instruction  of  his  own  children.  In 
theory  it  is  so.  But  there  are  some  who  can  not,  and  there  are 
more  who  will  not  make  provision.  And  the  question  then  is, 
shall  the  state  suffer  from  individual  inability  or  from  individual 
neglect?"15 

Gradually,  however,  with  the  change  of  industrial  and  social 
conditions,  better  public  opinion  prevailed  and  free  tax-supported 
schools  came  as  a  result. 

"But  the  logic  of  events  led  straight  to  free  schools.  The 
question,  whether  those  who  used  the  schools  or  the  inhabitants 
of  the  town  should  maintain  them  in  whole  or  in  part,  was  left 
to  those  to  determine  who  ordered  the  prudentials  of  the  town, 
and  these  inclined  more  and  more  to  town  support.  The  cost  of 
the  schools  tended  to  outgrow  the  ability  of  parents  and  guardians 
to  keep  them  up;  while  private  benevolence  is  commonly  slow 
when  the  public  authorities  can  touch  the  lever  of  public  taxation. 
The  poor  were  unable  to  pay  the  tuition  of  their  children,  and 
discrimination  between  the  poor  and  the  rich  was  odious  in  the 
democratic  atmosphere  that  surrounded  the  colony.  And  so  the 
germs  planted  in  1642  and  1647  continued  to  grow  until,  about 


1.1  Barnard:    American  Pedagogy,  p.   314. 


12  STATE  CONTROL  OF  INSTRUCTION 

the  middle  of  the  eighteenth    century,    the  schools  became    prac- 
tically free."16 

RELIGIOUS  CONTROL  OF  COLONIAL  SCHOOLS. 

During  the  colonial  period,  the  schools  were  largely  fostered 
in  the  interests  of  religion  and  the  administration  of  educational 
affairs  rested  largely  with  the  clergy. 

"In  the  Colonial  time  the  common  schools  in  New  England 
were  closely  affiliated  with  the  Church.  The  clergy  used  them, 
as  they  used  their  pulpits,  and  probably  more  effectively,  as  means 
of  propogating  their  theological  system.  In  the  other  states  also 
education  had  a  strong  ecclesiastical  basis."17 

Great  emphasis  was  laid  on  religious  instruction. 

"Powers  of  darkness  and  of  light  were  struggling  for  the 
possession  of  every  child ;  there  was  no  time  to  lose.  Every  op- 
portunity must  be  improved  by  parents,  ministers,  and  teachers 
to  pluck  the  children  as  brands  from  the  burning.18  One  of  his 
(the  schoolmaster's)  greatest  obligations  was  to  catechise  the 
children  on  the  sermon  of  the  previous  Sunday,  and  require  them 
to  rack  their  skulls  for  the  text,  for  the  subject,  and  for  most  of 
the  moving  passages."19 

THE  LATER  COLONIAL  PERIOD. 

The  later  colonial  period  may  be  designated  as  a  time  of 
transition.  By  the  end  of  the  seventeenth  century  it  has  been 
claimed  that  an  educational  declension  had  set  in.  This  conten- 
tion is  apparently  borne  out  by  the  increased  fine  imposed  on  two 
occasions  (1671,  1683)  for  non-compliance  with  the  compulsory 
Jaw  in  respect  to  Latin  schools. 

"This  declension  is  commonly  ascribed  to  the  wars  with  the 
Indians  and  the  French  that  wasted  the  blood  and  the  treasure 
of  the  colony;  the  political  and  social  contentions  that  disturbed 
the  peace ;  the  uncertain  relations  that  existed  between  Massachu- 
setts and  the  Mother  Country,  and  internal,  economic,  and  social 
changes.  There  can  be  no  doubt,  too,  that  the  brightness  of  the 
early  Puritan  ideal  had  become  dimmed."20 


leHinsdale:  Horace  Mann  and  the  Common  School  Revival  in  the 
U.  S.,  p.  8. 

irHinsdale:  Horace  Mann  and  the  Common  School  Revival  in  the 
U.  S.,  p.  45. 

18  Martin:     The  Evolution  of  the  Mass.   Public  School   System,   p.   66. 

19  Colyer  Meriwether:    Our  Colonial  Curriculum,  p.  17. 
20Hinsdale:     Horace    Mann    and    the    Common    School    Revival    in    the 

U.  S.,  p.  9. 


HISTORICAL  SKETCH  13 

THE  ORIGIN  OF  THE  DISTRICT  SCHOOL. 

One  important  event  that  seriously  affected  education  was 
the  evolution  of  the  district  school,  which  naturally  arose  in  Mas- 
sachusetts, out  of  the  town  schools  established  by  the  act  of  1647. 
In  the  typical  Xew  England  town,  the  population  was  concen- 
trated around  the  meeting  house  and  its  accompanying  school. 
As  population  increased  and  became  more  distributed,  different 
social  conditions  prevailed.  With  the  disappearance  of  fear  from 
Indian  invasion,  people  began  to  push  out  into  the  wilderness. 
Many  new  towns  had  no  nucleus  of  population,  others  had  sev- 
eral. The  one  town  school  no  longer  sufficed  and  there  ^appeared 
the  traveling  school  which  went  to  the  children  instead  of  the 
children  going  to  the  school. 

"That  is,  the  single  town  school  was  kept  a  certain  time  in 
one  corner  of  the  town,  then  in  another,  and  so  on  until  the  cir- 
cuit had  been  completed,  the  periods  that  it  spent  in  the  different 
localities  being  equal  or  unequal,  as  circumstances  might  deter- 
mine."21 

This  in  turn  was  soon  superseded  by  several  schools  in  the 
same  town  which,  at  first  managed  by  the  selectmen  of  the  town, 
soon,  in  accordance  with  democratic  ideals  opposed  to  all  cen- 
tralized authority,  came  wholly  under  local,  that  is,  district  con- 
trol. The  district  school,  which  thus  arose  without  legal  sanc- 
tion, was  fully  legalized  by  the  act  of  1789,  and  became  the  dom- 
inant school  power  within  the  state  well  into  the  last  century.  In 
1817,  the  school  districts  were  made  corporations  with  power  to 
sue  and  be  sued.  In  1827,  it  attained  the  culmination  of  its 
power,  limited  only  in  the  raising  and  apportioning  of  taxes  and 
the  qualifications  of  teachers. 

"This  marks  the  culmination  of  a  process  which  had  been  go- 
ing on  steadily  for  more  than  a  century.  It  marks  the  utmost 
limit  to  the  subdivision  of  American  sovereignty — the  high-water 
mark  of  modern  democracy,  and  the  low-water  mark  of  the 
Massachusetts  school  system."2 

The  district  school  system  of  New  England  was  adopted  by 
nearly  all  the  western  states  and,  to  some  extent,  in  the  South, 
although  here  the  county  is  the  prevailing  unit  of  school  organi- 
zation. 


2iHinsdale:     Horace    Mann    and    the    Common    School    Revival    in    the 
U.   S.,  p.   11. 

22  Martin:    The  Evolution  of  the  Mass.  Public   School  System,  p.  92. 


14  STATE  CONTROL  OF  INSTRUCTION 

THE  DECLINE  OF  THE  GRAMMAR  SCHOOL  AND  THE  RISE  OF  THE 

ACADEMY. 

The  district  system,  while  it  furthered  politically  the  spirit 
of  democracy  and  equality  of  privileges,  led  also  toward  class 
differentiation.  The  growth  of  this  system  meant  the  decline 
of  the  grammar  school  which,  in  many  districts  because  of  their 
small  size,  it  was  found  impossible  to  maintain.  About  the  middle 
of  the  18th  century,  there  arose  the  academy,  which  was  partly 
the  result  of  this  decline  and  partly  its  cause.  In  the  old  colonial 
days,  the  need  of  the  middle  class  was  not  generally  recognized. 
The  grammar  schools  were  chiefly  college  preparatory  institu- 
tions, that  is,  for  the  higher  class,  and  had  no  organic  connection 
with  the  elementary  schools,  which  were  for  the  lower  classes. 
The  revolutionary  period  and  years  following  saw  a  gradual 
breaking  up  of  these  social  strata  and  a  rise  into  prominence  of 
the  middle  class.  It  was  in  response  to  the  demand  of  this  class 
for  better  educational  facilities  than  the  district  school  afforded, 
that  the  academy  appeared.  While  at  the  outset  the  academies 
were  not  intended  as  preparatory  institutions,  they  came  in  time 
into  close  relation  with  the  colleges,  and  served  as  such  in  place 
of  the  decayed  grammar  schools. 

STATE  SYSTEMS  OF  EDUCATION. 

While  education  was  thus  cherished  since  the  earliest  days 
of  New  England  history,  and  public  schools  early  became  quite 
generally  established,  especially  in  the  North,  it  remained  for  the 
19th  century  to  produce  systems  of  education  under  full  public 
control.  In  colonial  days,  as  has  been  already  noted,  secondary 
education  received  but  little  attention.  Society  was  organized  on 
social  levels.  Education  was  mainly  for  the  professional  and 
leading  classes,  with  some  elementary  schooling,  of  a  meagre 
fragmentary  character,  for  the  lower  classes.  With  the  growth 
of  democracy  and  the  consequent  disappearance  of  the  social 
levels  of  earlier  days,  the  trend  of  public  education  has  been 
toward  the  establishment  of  the  principle  of  equality.  The  de- 
velopment has  been  to  make  education  continuous,  an  educational 
ladder,  leading  from  the  lowest  to  the  highest.  Before  the  end 
of  the  first  quarter  of  the  19th  century,  however,  few  state  systems 
arose.  This  somewhat  tardy  development  was  not  due  to  lack  of 


HISTORICAL  SKETCH  15 

foresight  or  want  of  educational  ideals  on  the  part  of  our  early 
national  leaders.  They  realized  that  the  success  of  our  experi- 
ment in  popular  government,  as  well  as  the  prosperity  and  social 
progress  of  the  people,  depended  upon  a  generous  scheme  of  edu- 
cation, adequate  to  meet  the  needs  of  all.  To  see  that  the  political 
leaders  were  fully  abreast  of  the  time  in  their  social  and  political 
views  and  appreciated  the  need  and  worth  of  education,  it  is  only 
necessary  to  refer  to  their  writings. 

Thus  Washington  urges: 

"Promote,  as  an  object  of  primary  importance,  institutions 
for  the  general  diffusion  of  knowledge.  In  proportion  as  the 
structure  of  a  government  gives  force  to  public  opinion,  it  is  es- 
sential that  public  opinion  shall  be  enlightened."23 

Of  similar  purport  are  the  words  of  John  Adams : 

"The  wisdom  and  generosity  of  the  Legislature  in  making 
liberal  appropriations  in  money  for  the  benefit  of  schools,  acad- 
emies and  colleges,  is  an  equal  honor  to  them  and  their  constitu- 
ents, a  proof  of  their  veneration  for  letters  and  science,  and  a 
portent  of  great  and  lasting  good  to  North  and  South  America, 
and  to  the  world.  Great  is  truth — great  is  liberty — great  is  hu- 
manity— and  they  must  and  will  prevail."2* 

Thomas  Jefferson,  probably  more  nearly  than  any  one  else, 
expresses  the  modern  democratic  idea  of  education. 

"I  look  to  the  diffusion  of  light  and  education  as  the  re- 
sources most  to  be  relied  on  for  ameliorating  the  condition,  pro- 
moting the  virtue,  and  advancing  the  happiness  of  man.  And 
I  do  hope,  in  the  present  spirit  of  extending  to  the  great  mass  of 
mankind  the  blessings  of  instruction,  I  see  a  prospect  of  great  ad- 
vancement in  the  happiness  of  the  human  race,  and  this  may  pro- 
ceed to  an  indefinite,  although  not  an  infinite  degree.  A  system 
of  general  instruction,  which  shall  reach  every  description  of  our 
citizens,  from  the  richest  to  the  poorest,  as  it  was  the  earliest,  so 
it  shall  be  the  latest,  of  all  the  public  concerns  in  which  I  shall 
permit  myself  to  take  an  interest.  Give  it  to  us,  in  any  shape,  and 
receive  for  the  inestimable  boon  the  thanks  of  the  young,  and  the 
blessings  of  the  old,  who  are  past  all  other  services  but  prayers 
for  the  prosperity  of  their  country,  and  blessings  to  those  who 
promote  it."2'1 

In  a  similar  vein  James  Madison  writes : 

"Learned  institutions  ought  to  be  the  favorite  objects  with 
ever\-  free  people  ;  they  throw  light  over  the  public  mind,  which 

-'3  Barnard's   American   Journal   of  Education,  Vol.    15,   1865,  p.    12. 

24  Barnard's  American  Journal  of  Education,  Vol.  15,  1865,  p.   12. 

25  Barnard's  American  Journal   of  Education,  Vol.   15,    1865,  p.   12. 


16  STATE  CONTROL  OF  INSTRUCTION 

is  the  best  security  against  crafty  and  dangerous  encroachments 
on  the  public  liberty.  They  multiply  the  educated  individuals, 
from  among  whom  the  people  may  elect  a  due  portion  of  their 
public  agents  of  every  description,  more  especially  of  those  who 
are  to  frame  the  laws ;  by  the  perspicuity,  the  consistency,  and 
the  stability,  as  well  as  by  the  justice  and  equal  spirit  of  which, 
the  great  social  purposes  are  to  be  answered."20 

Likewise  John  Quincy  Adams : 

''Moral,  political,  and  intellectual  improvements,  are  duties 
assigned  by  the  author  of  our  existence  to  social,  no  less  than  to 
individual  man.  For  the  fulfilment  of  these  duties,  governments 
are  invested  with  power,  and  to  the  attainment  of  these  ends,  the 
exercise  of  this  power  is  a  duty  sacred  and  indispensable."-7 

CAUSES  OF  CENTRALIZATION. 

The  conception  common  to  all  these  statesmen  and  leaders 
is  that  education  is  necessary  for  citizenship.  These  views,  how- 
ever, were  not  general.  It  had  to  become  evident  that  the  demo- 
cratic theory  of  local  school  control  was  inconsistent  with  educa- 
tional progress,  and  that  some  general  directing  authority  was 
necessary  for  reasonable  efficiency.  The  educational  advance, 
moreover,  is  intimately  connected  with  the  social  and  economic 
development  of  the  country.  During  the  last  few  decades,  great 
changes  have  taken  place.  With  the  rapid  growth  of  popula- 
tion and  the  increase  of  wealth,  primitive  conditions  have  given 
way  to  modern  complexities,  and  public  education  has  grown 
more  and  more  important  and  become  a  question  of  general  as 
well  as  local  concern.  Various  forces  have  contributed  to  this 
development.  The  period  following  the  transition  from  colonial 
dependence  to  national  independence  was  one  of  great  activity, 
one  of  great  changes  and  growth.  Through  the  development  and 
growth  of  urban  population,  the  simple  colonial  life  was  rapidly 
superseded  by  modern  conditions.  In  the  pioneer  days,  educa- 
tion was  necessarily  much  neglected,  but  with  better  conditions 
it  became  less  a  battle  for  mere  existence,  and  education  of  the 
masses  received  more  attention.  The  educational  provisions  of 
the  earlier  days  no  longer  sufficed.  It  was  recognized  that  intel- 
ligence was  needed  for  industrial,  social,  and  political  life.  Like- 
ness of  interest  in  industrial  and  social  life  called  for  similarity 


2C  Barnard's  American  Journal   of  Education,   Vol.    15,   1865,   p.   12. 
27  Barnard's  American  Journal   of  Education,   Vol.   15,   1865,   p.    12. 


HISTORICAL  SKETCH  17 

of  culture  and  training.  The  extension  of  the  suffrage  empha- 
sized still  more  the  demand  for  better  schools.  The  enlargement 
of  educational  interest  was  accompanied  by  tendencies  toward 
centralization.  The  first  step  in  this  centering  of  educational  con- 
trol was  the  creating  of  state  school  funds.  The  granting  of  aid 
on  the  part  of  the  state  implied  the  fulfillment  of  certain  condi- 
tions on  the  part  of  the  locality,  such  as  the  maintenance  of  school 
for  a  stated  period,  instruction  in  specified  subjects,  employment 
of  qualified  teachers,  raising  of  local  taxes,  and  the  like.  Thus 
state  school  funds  became  the  basis  of  distinctive  state  policies  and 
inaugurated  a  system  of  state  control  in  education. 

EVIDENCES  OF  CENTRALIZATION. 

While  the  earlier  educational  efforts  seem  to  have  been  to 
make  the  district  system  more  effective,  the  later  tendency  has 
been  to  merge  it  into  the  larger  township  organization.  The 
district  system  has  doubtless  been  a  necessary  step  in  the  evolu- 
tion of  school  organization,  and  the  means  of  bringing  the  school 
within  the  reach  of  all.  It  had,  however,  many  inherent  evils 
among  which  may  be  mentioned  the  inequality  of  taxation  and 
school  privileges  of  different  districts,  discontinuity  of  studies 
and  school  policies,  lack  of  effective  grading  and  supervision,  and 
its  expensiveness  and  narrow  provincialism.  In  1837,  Horace 
A  [aim  said  of  the  Massachusetts  schools: 

"In  this  commonwealth,  there  are  about  three  thousand 
Public  Schools,  in  all  of  which  the  rudiments  of  knowledge  are 
taught.  These  schools,  at  the  present  time,  are  so  many  distinct, 
independent  communities,  each  being  governed  by  its  own  habits, 
traditions,  and  local  customs.  There  is  no  common  superintend- 
ing power  over  them;  there  is  no  bond  of  brotherhood  or  family 
between  them.  They  are  strangers  and  aliens  to  each  other.''28 

With  the  migration  of  population,  moreover,  conditions  so 
changed,  many  districts  became  so  impoverished  and  depopulated 
as  to  greatly  limit  the  usefulness  of  this  system.  In  some  form 
cr  other  it  still  exists  in  many  of  the  states.  In  Maine,  New 
Hampshire,  Vermont,  Massachusetts,  New  Jersey,  and  Indiana, 
the  township  system  has  entirely  superseded  it,  while  in  others, 
as  Rhode  Island,  Connecticut,  Wisconsin,  Minnesota,  Illinois, 


i'S  Horace  Mann:    Lectures  and  Annual  Reports  on  Education,  p.   47. 


18  STATE  CONTROL  OF  INSTRUCTION 

North  and  South  Dakota,  and  the  upper  peninsula  of  Michigan, 
both  are  found.  Massachusetts  was  the  first  to  abolish  it  in  1882. 

The  very  constitutions  indicate  the  change  that  has  taken 
place  in  the  administration  of  education.  The  early  constitutions 
made  no  reference  to  education,  not  because  their  framers  were 
illiterate  or  had  no  interest  in  education,  but  because  it  was  held 
to  be  a  matter  for  local  and  private  concern.  Today,  every  state 
and  territory,  in  a  greater  or  less  degree,  exercises  control  over 
the  various  schools  within  its  borders.  The  constitutions  of 
nearly  all  the  states  provide  for  a  system  of  free  schools.29 

Current  legislation  and  court  decisions  are  strongly  toward 
centralization.  Hardly  a  legislative  session  passes  which  does  not 
enact  some  law  affecting  the  educational  interests  of  the  state. 
There  is  a  marked  difference  between  the  colonial  district  school, 
which  was  practically  a  law  unto  itself,  and  the  modern  state- 
controlled  school.  Judicial  decisions  have  fully  established  that 
schools  are  not  local,  controlled  by  separate  communities,  but  parts 
of  a  state  system,  subject  to  and  controlled  by  state  authority. 
Different  states  exercise  this  authority  in  different  degrees.  The 
construction  and  equipment  of  school  buildings,  the  examination 
and  certfication  of  teachers,  the  selection  and  furnishing  of  text- 
books, the  framing  and  enforcing  of  courses  of  study,  the  inspec- 
tion and  supervision  of  instruction,  the  attendance  of  pupils, 
medical  inspection  of  schools,  whatsoever  through  the  agency  of 
the  school  affects  the  weal  or  woe  of  the  child,  and  through  it  the 
welfare  of  the  state,  has  become,  to  a  greater  or  less  extent,  sub- 
ject to  state  control. 


29  Ala.  256;  Ariz.  11,  6;  Ark.  14,  1;  Cal.  9,  5;  Col.  9,  2;  Del.  10,  1;  Fla, 
12,  1;  Ga.  8,  1,  1;  Ida,  9,  1;  111.  8,  1;  Ind.  8,  1;  la,  9,  1,  12;  Kan.  6,  2; 
Ky.  183;  La.  248;  Md.  8,  1;  Me.  8,  1;  Mich.  13,  4;  Minn.  8,  3;  Miss.  201;  Mo. 
11.  1;  Mon.  11,  1;  Ord.,  N.  C.  9,  2;  N.  D.  147;  Neb.  8,  6;  Nev.  11,  2;  N.  J. 

4,  7,   6;   N.   Y.    9,   1;   O.   6,    2;   Okla.    13,   1;   Ore.   8,   3;    Pa.   10,   1;   S.   C.    11,    5; 

5.  D.  8,  1;  22,  1;  Tex.  7,  1;  Utah  3,  4;  10,  1;  Va.  129;  Vt.  2,  41;  Wash.  9,  1; 
26,   1;  27,  1;  W.  Va.  12,  1;  Wis.  10,  3;  Wy.   7,  1;  Ord.   (Irrevocable  without 
the  consent  of  the  U.   S.;  Wy.,  Waish.,  Utah,  N.  D.,   S.  D.,  Mon.) — Stimson: 
Federal   and   State  Constitutions   of  the  U.   S.,   p.    141. 

(The  numbers  refer,  in  the  order  given,  to  chapter,  section  and 
clause  of  the  constitutions  of  the  states  named.) 


ELEMENTARY  EDUCATION  19 


CHAPTER  II. 

ELEMENTARY  EDUCATION. 
THE  NEED  OF  EDUCATION. 

Whatever  may  be  the  view  held  as  to  the  end  of  education, 
its  necessity  is  admitted  on  every  hand.  The  child  enters  this 
world  as  an  immature,  helpless  being,  and  requires  years  of  care 
and  training  to  attain  development.  Even  with  the  earliest  man, 
education  of  some  sort  was  necessary.  The  child,  during  the 
period  of  immaturity,  had  to  become  adapted  to  his  primitive  en- 
vironment or  fail  to  survive  in  the  struggle  for  existence.  In  this 
primitive  society,  education  was  unorganized.  Such  adaptations 
a-:  conditions  demanded  were  effected  by  the  child  through  direct 
imitation  of  his  elders.  In  the  course  of  time,  however,  through 
years  of  development,  man  has  attained  to  stages  of  civilization 
and  accumulated  an  ever-growing  fund  of  knowledge,  calling 
for  special  agencies  for  its  transmission.  With  the  change  of  en- 
vironment, the  change  of  social  and  political  conditions,  the  ever- 
increasing  stock  of  human  experience,  the  change  in  the  concep- 
tion of  the  possibility  and  nature  of  human  development,  the 
change  of  the  view  of  the  purpose  of  life  and  human  existence, 
the  importance  of  the  period  of  infancy  has  become  more  signi- 
ficant, and  the  function  of  the  school  better  understood.  Today, 
its  possible  socializing  influence  is  discerned  better  than  ever  be- 
fore, and  no  aim  of  education  can  meet  the  demands  of  the  pres- 
ent that  does  not  recognize  the  needs  of  society.  In  this  country, 
it  is  to  the  public  school  that  is  entrusted,  in  large  measure,  the 
obligation  to  safeguard  the  welfare  of  the  social  body  individ- 
ually, as  well  as  collectively. 

THE  NECESSITY  FOR  STATE  CONTROL. 

That  the  public  school  may  perform  its  proper  function,  the 
>tate  has  more  and  more  assumed  control  over  its  administration 
and  prescribed  rules  and  regulations  calculated  to  further  the  in- 
terests of  the  individual,  as  well  as  those  of  the  state.  The  right 


20  STATE  CONTROL  OF  INSTRUCTION 

of  the  state  to  this  control  springs  from  its  very  nature1  as  an  or- 
ganized unity  for  the  maintenance  of  the  welfare  of  society  and 
the  highest  well-being  of  its  members.2  The  state  exists  for  the 
better  obtaining  of  the  true  ends  of  human  existence.  It  is  for 

1  "The   state   is    founded   on    those   rights   which   are   essential    to    all 
members   and   which   can  be   enforced.      .      .      .     On   the   other   hand,    the 
state   stands   incalculably   above  the  individual,    is   worthy   of  every   sac- 
rifice,  of  life  and   goods,    of   wife   and   children,    for   it  is    the   society   of 
societies,  the  sacred  union  by  which  the  creator  leads  man  to  civilization; 
the  bond,  the  pacifier,   the  humanizer  of  men,   the  protector  of  all  under- 
takings   in    which    and    through    which    the    individual    has    received    its 
character,     and     which     is     the     staff     and     shield  of     society." — Lieber: 
Political   Ethics,   pp.    151,    160. 

2  "The   office    of    government    will    be    simple    or    complex    or    difficult, 
very  much  according  to   the     character     of  the     people     to  whom     it     is 
applied,    and   the  possibility   of  advanced   governmental    systems    will    de- 
pend  on    the    same    conditions.      It   is,    then,    a    wise   policy   on    the   part 
of  the  state  to  simplify  its  task  by  elevating  the  mental  and  moral  condi- 
tions of  the  people  by  judicious   education.   This   is  a  measure   of   public 
safety    which   reduces    the   tendency    to    crime    and    qualifies    people   for   a 
higher    degree    of    citizenship.      This    policy    seems    so    evidently   wise    to 
constitute    it    one    of    the    primal    state     duties.      .      .      .     An     undoubted 
function   of  the   state   is    the   case   of  the   moral  and  physical   welfare   of 
its  people.     The  moral  welfare  is  effected  by  education.     The  chief  effort 
of    humanity    in   all   ages    and    in    all    forms    of    civilization    is    to    know. 
The  effort   of  knowledge  is  an  uphill  struggle,   and  it  is   remarkable  that 
the  knowledge  which   is   essential   to  progress   and  welfare  of  the   human 
race   is  acquired  by   the  slowest  degrees   and  by   the   continuous  labor   of 
many   generations.      In   the   meantime,   misery,    suffering,    loss   of   life,   are 
the  penalties  of  ignorance.     Year  after  year,   generation  after  generation, 
century    after    century,    are    witnessed    diseases    which    torture    humanity 
and   abridge   life,   until   the   means   are   discovered   whereby   the   evil   may 
be   abated..      In   a   similar  way    the   act   of   protecting  against   the   effects 
of  natural  powers  is  learned,  and  only  partly  learned  by  years  of  effort. 
The  constant  struggle  after  knowledge  to  guard  or  to  improve  humanity 
is   constantly   going  on  with   infinitely  slow  results.      This  picture,   drawn 
on   a    grand   scale,    is    reproduced    in   all    the    smaller    affairs    of   life.      As 
knowledge  advances,   so  do  conditions   improve  and  equally  are  problems 
of  life  simplified.     With  the  advance  of  knowledge,   the  people  of  a  state 
find    their    moral    and    material    justice    improved    and    the    difficulties    of 
government  are  lessened.     It  has  been   the  fashion  at  times   to  deny  the 
advantages    of   knowledge   as   spread    among  a  people.      To    do    this    is    to 
deny    all    the    teachings    of   history,    to    misjudge    the    forces    which    have 
been  acting  for   the  advance   of  mankind. 

"With  these  truths  thus  set  forth,  it  appears  that  it  is  a  state 
function  to  further  or  to  compel,  as  far  as  the  needs  of  the  case  demand, 
the  education  of  the  people.  The  advantages  of  education  appear  in 
many  ways;  in  the  economic  sense,  in  the  greatest  utility  of  labor  by 
the  application  of  superior  intelligence;  in  a  moral  sense,  in  the  cultiva- 
tion of  good  habits;  in  a  political  sense,  in  a  more  intelligent  com- 
prehension of  political  duties.  The  degree  of  intelligence  furthered  by 
education  is  politically  valued  directly  as  the  popular  participation  in 
political  duties.  Granting  these  truths,  it  is  a  state  duty  to  further  and 
possibly  to  compel  popular  education." — Wood:  Government  and  the 
State,  pp.  115,  215,  216. 


ELEMENTARY  EDUCATION  21 

the  interests  of  all  that  the  individual  must  become  socially  ef- 
ficient.3 All  human  endeavor  has  for  its  ultimate  end  the  attain- 
ment of  happiness ;  social  progress,  however,  the  direct  means  to 
this  end,  is  dependent  upon  general  intelligence,4  and  hence  edu- 
cation becomes  a  most  important  social  function.  It  is  important 
politically  as  well  as  economically.  Some  education  generally 
diffused  is  essential  to  the  very  life5  of  a  state  competent  to  se- 
cure the  ends  for  which  it  exists.  In  the  United  States  especially, 
because  of  the  extent  of  suffrage,  the  only  safety  of  the  nation 
as  well  as  of  the  commonwealths  rests  in  the  universality,  the 
vigor,  and  the  soundness  of  education.  In  a  republic,  the  will  of 
the  people  should  be  supreme,  and  if  ignorance  and  vice  rather 
than  virtue  and  intelligence  are  in  control,  the  welfare  of  the  state 
as  well  as  of  the  individual  is  menaced.  Self-preservation  is  the 
first  law  of  governmental  as  well  as  of  human  existence.  The 
danger  from  ignorance/  and  vice  not  only  affects  the  safety  of  the 
state  from  within,  but  from  without.  The  state  must  educate 
as  a  means  of  military  defence.  Knowledge  and  science,  rather 
than  mere  numbers  and  physical  strength,  are  the  deciding  fac- 
tors in  military  contests  today. 

However,  the  great  battle  of  the  future  will  not  be  one  of 
arms,  but  of  intelligencee  and  mental  and  moral  strength,  fought 
on  the  fields  of  industry  and  invention  and  trade.  The  commer- 
cial and  industrial  progress  of  the  leading  nations  of  the  world 
in  recent  years  has  a  very  vital  relation  to  their  educational  ad- 
vance. Education  is  an  indispensable  means  of  industrial  prog- 


s  "No  theory  of  the  state  can  be  complete  which  does  not  make  its 
aim  sufficiently  wide  to  include  the  perfect  development  of  all  its 
citizens  in  the  highest,  noblest  and  fullest  form  of  social,  political  and 
industrial  life.  .  .  .  Its  end  is  only  reached  with  the  perfecting 
of  every  individual's  capacities,  and  this  implies  the  perfecting  of  its 
own.  The  end,  then,  we  are  in  search  of  must  be  a  very  wide  one.  It 
is  nothing-  short  of  the  highest  welfare  of  the  individual  and  of 
humanity."- -jMcKechnie:  The  State  and  the  Individual,  p.  74. 

4  Ward:    Dynamic    Sociology,    p.    108. 

r.  "It  is  admitted  by  all  that  the  state  should  possess  powers  suffi- 
ciently extensive  for  the  maintenance  of  its  own  continued  existence 
against  foreign  interference,  to  provide  the  means  whereby  its  national 
life  may  be  preserved  and  developed,  and  to  maintain  internal  order, 
including  the  protection  of  life,  liberty  and  property.  These  have  been 
designated  the  essential  functions  of  the  state,  and  -are  such  as  must 
be  possessed  by  a  state,  whatever  its  form." — 'Willoughby:  The  Nature 
of  the  State,  p.  310. 


22  STATE  CONTROL  OF  INSTRUCTION 

ress.  It  promotes  industry,  makes  labor  skillful6  and  more  pro- 
ductive,7 enriches  industry  through  discoveries  and  inventions,8 
and  improves  the  conditions  of  laborers  intellectually,  physically, 
morally  and  socially.9 

To  provide  this  education  that  will  answer  the  needs  of  the 
state,  as  well  as  of  the  individual,  some  general  authority  is  neces- 
sary.10 Unless  the  state  assumes  this  function,  there  is  no  as- 

e  "The  laborer's  general  intelligence  determines  his  intellectual 
qualifications  for  his  work,  his  ability  to  direct  his  bodily  powers,  such 
as  they  are,  to  the  production  of  wealth,  with  the  maximum  of  effect 
and  the  minimum  of  waste." — 'Walker:  Political  Economy,  p.  54. 

7  "There   is   no      extravagance     more     prejudicial   to      the     growth    of 
national   wealth   than   that  wasteful   negligence  which   allows   genius   that 
happens  to  be  born  of  lowly  parentage  to  expend  itself  in  lowly  work."- 
Marshall:   Principles   of  Economics,   p.    213. 

s  "We  may  then  conclude  that  the  wisdom  of  expending  public  and 
private  funds  on  education  is  not  to  be  measured  by  its  direct  fruits 
alone.  It  will  be  profitable  as  a  mere  investment,  to  give  the  masses 
of  the  people  much  greater  opportunities  than  they  can  generally  avail 
themselves  of.  For  by  this  means,  who  would  have  died  unknown,  are 
enabled  to  get  the  start  needed  for  bringing  out  their  latent  abilities. 
And  the  economic  value  of  one  great  industrial  genius  is  sufficient  to 
cover  the  expenses  of  education  of  a  whole  town;  for  one  new  idea,  such 
as  Bessemer's  chief  invention,  adds  as  much  to  England's  productive 
power  as  the  labor  of  a  hundred  thousand  men.  .  .  .  All  that  is 
spent  during  many  years  in  opening  the  means  of  higher  education  to 
the  masses  would  be  well  paid  for  if  it  called  out  one  more  Newton,  or 
Darwin,  or  Shakespeare,  or  Beethoven." — Marshall:  Principles  of  Eco- 
nomics, pp.  216,  217. 

o  "A  good  education  confers  great  indirect  benefits,  even  on  the 
ordinary  workman.  It  stimulates  his  mental  activity;  it  fosters  in  time 
a  habit  of  wise  inquisitiveness;  it  makes  him  more  intelligent,  more 
ready,  more  trustworthy,  in  his  ordinary  work;  it  raises  the  tone  of  his 
life  in  working  hours  and  out  of  working  hours;  it  is  an  important 
means  toward  the  production  of  material  wealth;  at  the  same  time,  that, 
regarded  as  an  end  in  itself,  it  is  inferior  to  none  of  those  which  the 
production  of  material  wealth  can  be  made  to  subserve." — Marshall: 
Principles  of  Economics,  p.  212. 

10  "Education  is  the  proper  office  of  the  state  for  two  reasons,  both 
of  which  come  within  the  principles  we  have  been  discussing.  Popular 
education  is  necessary  for  the  preservation  of  those  conditions  of  free- 
dom, political  and  social,  which  are  indispensable  to  free  individual 
development.  And,  in  the  second  place,  no  instrumentality  less  universal 
in  its  power  and  authority  than  government  can  secure  popular  educa- 
tion. In  brierf,  in  order  to  secure  popular  education,  the  action  of 
society  as  a  whole  is  necessary;  and  popular  education  is  indispensable 
to  that  equalization  of  the  conditions  of  personal  development  which  we 
have  taken  to  be  a  proper  object  of  society.  Without  popular  educa- 
tion, moreover,  no  government  which  rests  upon  popular  action  can  long 
endure;  the  people  must  be  schooled  in  the  knowledge,  and  if  possible 
in  the  virtue,  upon  which  the  maintenance  and  success  of  free  institu- 
tions depend.  No  free  governmnt  can  last  in  health  if  it  lose  hold  of 
the  traditions  of  its  history,  and  in  the  public  schools  these  traditions 
may  be  and  should  be  sedulously  preserved,  carefully  replanted  in  the 

thought     and      consciousness     of      each      successive      generation." Wilson- 

The    State,   pp.    G38-639. 


ELEMENTARY  EDUCATION  23 

surance  that  education  will  be  universal,  that  good  citizenship 
will  be  promoted,  that  patriotism  and  love  of  country  will  be  fos- 
tered ;  in  brief,  that  the  best  interests  of  the  state  and  the  individ- 
ual will  be  subserved.  The  state,  moreover,  has  the  right  of  tax- 
ation, and  the  authority  which  exercises  this  right  is  in  duty 
bound  to  see  to  it  that  the  purposes  for  which  taxes  are  laid  are 
realized.  Education  conducted  without  state  permission,  direc- 
tion or  control,  may  be  entirely  opposed  to  the  best  interests  of 
the  state  and,  indeed,  subversive  of  its  organization  and  destruc- 
tive to  its  own  integrity. 

State  control  of  education  has  been  opposed  on  grounds  of 
individualism11  and  socialism,  and  it  has  been  said  that  that 
government  is  best  which  governs  the  least.  It  might  better  be 
said  that  that  people  is  the  happiest  and  strongest  who  because  of 
their  intelligence  and  moral  integrity  need  the  supervision  and  re- 
straint of  government  the  least.  The  voluntary  plan  of  educa- 
tion would  not  promote  the  requisite  culture  of  all.  The  indiffer- 
ence in  matters  educational  on  the  part  of  many  is  a  fact  of  com- 
mon observation,  as  the  enactments  of  compulsory  attendance 
laws  throughout  the  civilized  world  attest.  How  difficult  it  is 
to  make  education  universal,  in  spite  of  such  legislation,  is  shown 
by  the  prevalence  of  illiteracy.  According  to  the  census  of  1900, 
the  total  number  of  illiterates,  of  persons  ten  years  or  more  of 
age,  in  the  United  States  amounted  to  6,246,857.12 

THE  MEANING  OF  STATE  CONTROL. 

The  national  government  of  the  United  States — while  it  has 
aided  generously  in  education,  both  elementary  and  higher,  and 
has  been  increasingly  active  in  the  diffusion  of  knowledge  among 
the  people — has  left  the  direction  and  control  of  public  instruc- 
tion to  the  different  commonwealths.  State  control,  therefore, 


11  "For   if    the   benefit,    importance,    or    necessity   of   education    be   as- 
signed  as   a   sufficient  reason  why    government   should   educate,   then   may 
the    benefit,      importance,      or     necessity    of    food,     clothing,     shelter    and 
warmth   be  assigned    as   a   sufficient   reason   why   government    should   ad- 
minster   these   also.      So   that   the   alleged    right     can   not   be    established 
without   annulling  all   parental   responsibility  whatever." — Spencer:    Social 
Statistics,  p.   362. 

"Knowledge  has  to  be  won  at  the  cost  of  self-denial,  being  the 
best  inheritance  a  man  can  bequeath  to  his  children  as  the  fruit  of  the 
exertions  of  a  lifetime." — Mackay:  A  Plea  for  Liberty,  p.  272. 

12  U.   S.    1900    Census   Reports,   vol.   II,   p.   xcvii. 


24  STATE  CONTROL  OF  INSTRUCTION 

has  reference  not  to  the  federal  state,  but  to  the  various  members 
composing  it. 

ELEMENTARY  EDUCATION  OF  FIRST  CONSIDERATION. 

From  the  standpoint  of  social  welfare,  the  universality13  of 
education  is  more  important  than  its  amount,  and  hence  it  is  not 
surprising-  that  the  elementary  schools,  which  at  least  should  be 
provided  for  all,  are  of  first  concern  in  point  of  state  control. 

THE  CURRICULUM  AS  A  CONTROLLING  FACTOR. 

In  the  control  thus  exercised,  that  pertaining  to  the  curricu- 
lum is  of  foremost  importance.  The  course  of  study,  while  but 
one  element,  is  the  chief  instrument  for  developing  and  carrying 
forward  the  educative  process.  The  curriculum  represents,  or 
should  represent,  racial  experience  and  achievements  that  have 
proved  of  value.  It  is  the  most  important  means  which  the 
school  possesses  for  furthering  the  adjustment  of  the  individual 
to  his  environment. 

CONSTITUTIONAL  PROVISIONS. 

Constitutional  provisions  for  such  control  are  quite  limited. 
Though  nearly  all  states  have  incorporated  educational  measures 


is  "The  third  cardinal  principle  which  inheres  in  our  definition  of 
education  is  that  it  must  be  universal.  The  knowledge  which  society 
requires  to  be  extended  to  one  it  must  require  to  be  extended  to  all. 
Otherwise,  the  true  end  in  view  is  not  attained.  .  .  .  "We  have  now 
to  recognize  the  important  fact  that  the  value  of  education  increases  in 
an  accelerated  ratio  as  the  number  of  uneducated  diminishes.  Just  as 
the  shepherd  rejoices  more  over  the  one  sheep  that  was-  lost  and  is 
found  than  over  the  ninety-nine  that  went  not  astray,  so  society,  when 
it  fairly  realizes  its  interests  will  care  more  for  the  education  of  a  mere 
handful  hitherto  neglected  than  for  the  mass  already  provided  for. 
Just  as  poverty  in  the  midst  of  wealth  aggravates  its  evils,  so 
ignorance  in  the  midst  of  intelligence  is  intensified  by  the  contrast.  A 
generally  low  state  of  intelligence  is  comparatively  harmless,  since 
there  is  a  normal  degree  of  correspondence  among  all  the  parts  of  the 
social  fabric.  But  a  stolid  and  vicious  class  in  the  midst  of  science, 
learning,  and  culture,  like  a  'bull  in  a  china-shop,'  presents  such  a  com- 
plete state  of  inharmony  and  unfitness  that  the  effect  is  out  of  propor- 
tion to  the  cause.  Civilization,  like  all  organized  progress,  has  only 
been  achieved  at  vast  expense  to  the  social  energies.  Its  constitution 
is  necessarily  delicate  in  proportion  as  it  is  refined.  Its  differentiation 
has  gone  so  far,  and  its  integration  is  on  so  extensive  and  exact  a  scale, 
that  it  will  not  stand  to  be  rent  in  pieces  by  internal  discords.  Every 
assault  of  savagery  upon  so  complicated  and  expensive  an  organization 
costs  society  an  immense  sacrifice,  and  is  felt  in  all  parts  of  the  social 
system.  It  cannot  afford  to  nurse  a  viper  daily  threatening  its  life." 
— Ward:  Dynamic  Sociology,  pp.  593,  595. 


ELEMENTARY  EDUCATION  25 

into  their  constitutions,  to  a  greater  or  less  extent,  but  little  di- 
rect reference  is  made  to  school  curricula.  This  is  confined  to 
the  language14  requirements  and  the  teaching  of  the  metric 
system,  in  Utah,15  and  the  elements  of  agriculture,  horticulture, 
stock-feeding,  and  domestic  science,  in  Oklahoma.16 

MEANS  OF  CONTROL  OF  CURRICULA. 

It  is  in  their  statutes  that  the  control  of  education  on  the 
part  of  the  states  is  made  manifest.  Not  only  directly,  but  in- 
directly, through  the  examination  of  teachers,17  the  examination 
of  pupils18  for  admission  to. secondary  schools,  and  special  sub- 
sidies,19 this  authority  exerts  a  directing  influence  on  the  course 
of  study  of  elementary  schools. 

STATUTE  REQUIREMENTS. 

In  their  direct  control,  the  different  states  present  a  varying 
practice,  both  as  to  extent  and  quality.20  This  function,  however, 
is  generally  exercised  by  the  state,  rather  than  local  authorities. 
Out  of  the  forty-eight  states  and  the  territory  of  Hawaii,  only 
eight,  Arkansas  (in  cities  and  towns),  Idaho  (in  independent 
school  districts),  Iowa,  Michigan,  Minnesota,  New  Hampshire, 
New  York,  Rhode  Island,  also  Oregon  (in  districts  of  the  first 
class),  vest  this  authority  in  the  local  school  boards  exclusively. 
In  Nebraska,  the  course  of  study  is  established  by  the  school 
boards  of  the  county,  by  the  consent  and  advice  of  the  county  su- 
perintendent. New  Jersey  makes  it  the  duty  of  the  board  of  edu- 
cation of  the  district,  in  connection  with  the  county  superintend- 
ent. In  thirty  states,  California,  Colorado,  Connecticut,  Florida, 
Georgia,  Illinois,  Indiana,  Kansas,  Kentucky,  Louisiana,  Mary- 
land, Massachusetts,  Mississippi,  Montana,  New  Mexico,  North 
Carolina,  North  Dakota,  Ohio,  Oklahoma,  Pennsylvania,  South 
Carolina,  South  Dakota,  Tennessee,  Texas,  Vermont,  Virginia, 
Washington,  West  Virginia,  Wisconsin  and  Wyoming,  the  law 
designates  specifically  the  branches  of  study.  Arkansas  and 
Maine  require  the  state  superintendent  to  determine  the  subjects 


14  See  chapter  IV. 

15  Utah,  art.   10,  sec.   11. 

ie  Oklahoma,  art.   1,   sec.   8. 

IT  See  chapter  III,  p.   52. 

is  See  p.  35. 

is  See   p.   35. 

20  gee   appendix. 


26  STATE  CONTROL  OF  INSTRUCTION 

to  be  taught;  Arizona,  Delaware,  Idaho,  Nevada,  and  Oregon, 
the  state  board  of  education ;  Hawaii  leaves  it  to  the  department 
of  public  instruction;  in  Missouri  and  Utah,  in  county  districts 
of  the  first  class,  it  is  the  duty  of  the  county  superintendent ;  and 
in  Alabama,  of  the  county  board.  Local  autonomy,  however,  is 
not  complete,  even  in  the  eight  states  before  mentioned,  inasmuch 
as  physiology  and  hygiene,  including  the  effects  of  alcoholic 
drinks  and  narcotics,  must  be  included  in  the  branches  of  study 
according  to  law,  in  all  the  states  of  the  union,  except  Oklahoma, 
and,  by  the  federal  enactment21  in  1886,  in  the  territories,  besides 
one  or  two  other  subjects.  Of  the  thirty  states  in  which  the  law 
designates  the  branches  of  study,  all  require  reading,  grammar, 
arithmetic,  geography,  orthography,  and  physiology,  and  all  ex- 
cept Oklahoma  include  United  States  history  and,  with  the  ex- 
ception of  Mississippi,  writing.  Florida,  Georgia,  Illinois,  Kan- 
sas, Kentucky,  Maryland,  Mississippi,  Montana,  North  Carolina, 
Pennsylvania,  South  Carolina,  South  Dakota,  Tennessee,  Texas, 
Vermont,  Virginia,  West  Virginia,  Wisconsin  and  Wyoming,  re- 
quire state  history ;  Alabama,  Colorado,  Georgia,  Maryland, 
North  Carolina,  South  Carolina,  Tennessee,  Vermont,  Wisconsin, 
United  States  constitution :  Alabama,  Colorado,  Delaware,  Flor- 
ida, Georgia,  Maryland,  Mississippi,  North  Carolina,  South 
Carolina,  Tennessee,  Vermont,  Wisconsin  and  Wyoming,  state  con- 
stitution; California,  Colorado,  Connecticut,  Florida,  Georgia,  Ill- 
inois, Kentucky,  Maryland,  Mississippi,  Montana,  North  Dakota, 
Ohio,  Pennsylvania,  Tennessee,  Texas,  Virginia,  West  Virgina, 
civil  government;  Colorado,  school  law  of  the  state;  Mississippi, 
Montana,  Texas.  Washington,  mental  arithmetic ;  South  Carolina, 
algebra  and  plane  geometry;  California,  Tennessee,  West  Vir- 
ginia, bookkeeping;  New  Mexico,  North  Carolina,  Ohio,  lang- 
guage  lessons;  California,  Kentucky,  North  Carolina,  Texas, 
English  Composition;  South  Carolina,  English  literature;  Wis- 
consin, orthoepy;  California,  Florida,  Iowa,  Maryland,  Massa- 
chusetts,* Oklahoma.  Pennsylvania',*  domestic  science ;  California, 
Florida,  Illinois,*  Louisiana,  Maine,  Maryland,  Massachusetts, 
North  Carolina,  Pennsylvania,*  Vermont,  and  Virginia,  drawing; 
California,  Colorado,  Illinois,*  North  Dakota,  Tennessee,  Vir- 

21  See  chapter  V. 
*Law   not  mandatory. 


ELEMENTARY  EDUCATION  27 

ginia,*  and  Wyoming,  nature  study ;  Alabama,  Arkansas,  Cali- 
fornia, Florida,  Georgia,  Iowa,  Louisiana,  Maryland,  Massachu- 
setts, *  Minnesota, **  Mississippi,  North  Carolina,  North  Dakota, 
Ohio,  Oklahoma,  Pennsylvania,*  South  Carolina,  Tennessee, 
Texas,  Virginia,*  West  Virginia,  Wisconsin  and  Wyoming,  ele- 
ments of  agriculture;  Oklahoma,  horticulture,  stock  feeding  and 
animal  husbandry;  California,  Florida,  Iowa,  Maryland,  Massa- 
chusetts,* Ohio,*  Tennessee,*  Virginia*  and  Vermont,*  manual 
training;  Utah,  the  metric  system;  Arkansas,  the  method  of  de- 
signating and  reading  land  survey  by  ranges,  townships  and  sec- 
tions ;  Colorado,  theory  and  practice  of  teaching ;  Maine  and 
Oklahoma,  forestry;  Indiana,  Massachusetts,  North  Carolina, 
Pennsylvania,  special  instruction  in  tuberculosis  and  its  preven- 
tion;  Michigan,  Montana  and  Utah,  methods  of  prevention  and 
restriction  of  dangerous  communicable  diseases;  Indiana,  the  dis- 
semination of  diseases  by  rats,  flies  and  mosquitoes  and  the  ef- 
fects thereof,  and  the  pervention  of  diseases  by  the  proper  selec- 
tion and  consumption  of  food.22 

STATE  COURSES  OF  STUDY. 

Not  only  the  branches  of  study,  but  the  courses  as  well,  have 
been  made  a  matter  of  state  control.  Twenty-one  of  the  states 
have  made  legal  provision  for  this  purpose.  Arkansas,  Iowa, 
Michigan,  Montana,  Nebraska,  North  Dakota,  Pennsylvania,  Ver- 
mont and  Wisconsin  make  it  the  duty  of  the  state  superintend- 
ent to  prepare  such  a  course ;  Arizona,  Georgia,  Idaho,  Kansas, 
Kentucky,  Mississippi,  Nevada,  Oregon,  South  Carolina,  Wash- 
ington and  West  Virginia,  of  the  state  board  of  education ;  Utah, 
of  the  state  school  committee,  consisting  of  the  state  superinten- 
dent, principal  of  the  state  normal  school,  principal  of  the  state 
normal  training  school,  and  two  county  school  superintendents  to 
be  appointed  by  the  state  board  of  education.  These  courses, 
however,  do  not  have  to  be  adopted  necessarily  in  the  schools. 
In  Wisconsin,  e.  g.,  the  state  superintendent  prepares  such  a 
course,  but  the  district  board  decides  what  shall  be  the  curriculum 
of  its  school.  Oregon  prescribes  a  state  course  only  for  second 


*L,aw   not  mandatory. 
** State    aid    for    such    instruction. 
22  See   chapter  V. 


28  STATE  CONTROL  OF  INSTRUCTION 

and  third-class  districts,  and  Utah  for  the  schools  of  the  state 
not  included  in  county  school  districts  of  the  first  class  and  in 
cities  of  the  first  and  second  class. 

EXTENT  OF  CENTRALIZED  CONTROL. 

While  in  some  states  the  statutes  merely  indicate  the  minimum 
requirements,  in  others  the  provision  is  extensive.  The  law  of 
Massachusetts  requires : 

"Every  city  and  town  shall  maintain,  for  at  least  thirty-two 
weeks  in  each  year,  a  sufficient  number  of  schools  for  the  instruc- 
tion of  all  the  children  who  may  legally  attend  a  public  school 
therein,  except  that  in  towns  whose  assessed  valuation  is  less 
than  two-hundred  thousand  dollars,  the  required  period  may, 
with  the  consent  of  the  board  of  education,  be  reduced  to  twenty- 
eight  weeks.  Such  schools  shall  be  taught  by  teachers  of  com- 
petent ability  and  good  morals,  and  shall  give  instruction  in  or- 
thography, reading,  writing,  the  English  language,  and  grammar, 
geography,  arithmetic,  drawing,  the  history  of  the  United  States, 
physiology  and  hygiene,  and  good  behavior.  In  each  of  the  sub- 
jects of  physiology  and  hygiene,  special  instruction  as  to  the  ef- 
fects of  alcoholic  drinks  and  of  stimulants  and  narcotics  on  the 
human  system,  and  as  to  tuberculosis  and  its  prevention,  shall  be 
taught  as  a  regular  branch  of  study  to  all  pupils  in  all  schools 
which  are  supported  wholly  or  partly  by  public  money,  except 
schools  which  are  maintained  solely  for  instruction  in  particular 
branches.  Bookkeeping,  algebra,  geometry,  one  or  more  foreign 
languages,  the  elements  of  the  natural  sciences,  kindergarten 
training,  manual  training,  agriculture,  sewing,  cooking,  vocal 
music,  physical  training,  civil  government,  ethics,  thrift,  and  such 
other  subjects  as  the  school  committee  consider  expedient,  may 
be  taught  in  the  public  schools."23 

Maryland  is  another  example  of  a  state  making  extensive 
provisions : 

"In  every  district  school  there  shall  be  taught  orthography, 
reading,  writing,  subjects  for  language  training,  English  gram- 
mar, geography,  arithmetic,  history  of  the  United  States,  good 
behavior,  the  constitution  of  the  United  States,  constitution  and 
history  of  Maryland,  vocal  music,  drawing,  physiology,  the  laws 
of  health  and  domestic  economy,  civil  government;  and  the  ele- 
ments of  agricultural  science  may  in  the  discretion  of  the  State 
board  of  education,  be  added  to  the  branches  required  to  be 
taught  in  the  State  normal  school  and  in  the  public  schools  of  the 
various  counties  of  the  State."24 


as  Massachusetts,    K    '10,    chap.    624. 
24  Maryland,   L.   '04,   chap.    584. 


ELEMENTARY  EDUCATION  29 

The  district  public  schools  of  Tennessee  are  divided  into  two 
classes,  primary  and  secondary,  the  former  consisting  of  five 
grades  and  the  latter  of  eight,  the  first  five  of  each  being  the 
same. 

"In  every  primary  school  shall  be  taught  orthography,  read- 
ing, writing,  arithmetic,  grammar,  geography,  history  of  Ten- 
nessee, containing  the  constitution  of  Tennessee,  and  the  history 
of  the  United  States,  containing;  the  constitution  of  the  United 
States.  Vocal  music  and  elocution,  or  the  art  of  public  speak- 
ing, may  be  taught  therein,  and  no  other  branches  shall  be  intro- 
duced, except  those  added  in  (4)  below  (i.  e.  physiology  and 
hygiene,  with  special  reference  to  the  nature  of  alcoholic  drinks 
and  narcotics).  In  every  secondary  school  shall  be  taught  the 
following  branches:  orthography,  reading,  writing,  arithmetic, 
grammar  geography,  history  of  Tennessee,  containing  the  con- 
stitution of  Tennessee,  history  of  the  United  States,  containing 
the  constitution  of  the  United  States,  elementary  geology  of  Ten- 
nessee, elementary  principles  of  agriculture,  elements  of  algebra, 
elements  of  plane  geometry,  elements  of  natural  philosophy,  book- 
keeping, elementary  physiology  and  hygiene,  elements  of  civil 
government,  and  rhetoric  or  higher  English.  Practice  shall  be 
given  in  elocution,  or  the  art  of  public  speaking.  Vocal  music 
may  be  taught,  and  no  other  branches  shall  be  introduced,  except 
those  included  in  (4)  following"  (as  above).25 

In  California,  the  law  not  merely  prescribes  the  studies,  but 
directs  their  administration  to  some  extent. 

''All  schools  must  be  taught  in  the  English  language.  In- 
struction must  be  given  in  the  following  branches,  in  the  several 
grades  in  which  they  may  be  required,  viz. :  reading,  writing,  or- 
thography, arithmetic,  geography,  nature  study,  with  special 
reference  to  agriculture;  language  and  grammar,  with  special 
reference  to  composition;  history  of  the  United  States  and  civil 
government ;  physical  culture,  including  the  necessary  elements 
of  physiology  and  hygiene,  with  special  reference  to  the  injurious 
effects  of  tobacco,  alcohol  and  narcotics  on  the  human  system ; 
morals  and  manners ;  music,  drawing,  and  elementary  bookkeep- 
ing, humane  education,  and  when  competent  teachers  thereof  can 
be  secured  and  there  are  sufficient  funds  in  the  district  to  pay  their 
salaries,  manual  training  and  domestic  science ;  provided,  that  in- 
struction in  elementary  bookkeeping,  humane  education,  elements 
cf  physiology  and  hygiene,  music,  drawing,  and  nature  study 
may  be  oral,  and  no  text-books  on  these  subjects  shall  be  re- 
quired ;  provided  further,  that  County  Boards  of  Education  may, 


2.-,  Tennessee,   Public   School   Laws,    1911,   p.    25,    sec. 


30  STATE  CONTROL  OF  INSTRUCTION 

in  districts  having  less  than  one  hundred  census  children,  confine 
the  pupils  to  the  studies  of  reading,  writing,  orthography,  arith- 
metic, language  and  grammar,  geography,  history  of  the  United 
States  and  civil  government,  elements  of  physiology  and  hygiene, 
and  elementary  bookkeeping,  until  they  have  a  practical  knowl- 
edge of  these  subjects:  and  it  is  further  provided,  that  no  more 
than  twenty  recitations  per  week  shall  be  required  of  pupils  in 
the  secondary  schools,  and  no  pupils  under  the  age  of  fifteen 
years  in  any  elementary  school  shall  be  required  to  do  any  home 
study.  Other  studies  may  be  authorized  by  the  Board  of  Educa- 
tion of  any  county,  city,  or  city  and  county,  but  such  studies  if  so 
authorized  shall  be  in  lieu  of  a  corresponding  number  of  such 
enumerated  studies  specified  in  the  preceding  section  and  not  in 
addition  thereto.  Instruction  must  be  given  in  all  grades  of 
school  and  in  all  classes  during  the  entire  school  course,  in  man- 
ners, in  morals  and  upon  the  nature  of  alcoholic  drinks  and  nar- 
cotics and  their  effects  upon  the  human  system.  Attention  must 
be  given  to  such  physical  exercises  for  the  pupils  as  may  be  con- 
ducive to  health  and  vigor  of  body,  as  well  as  mind,  and  to  the 
ventilation  and  temperature  of  schoolrooms."26 

EXCEPTIONAL  REQUIREMENTS. 

All  the  states,  except  those  in  which  local  autonomy  pre- 
vails,27 make  such  provision  as  will  at  least  provide  for 
the  elements  of  a  common  school  education.  Aside  from  the  sub- 
jects common  to  all  the  curricula,  some  of  the  branches  evidently 
reflect  state  demands  in  special  lines  or  more  or  less  individual  in- 
terests made  public  in  legislation.  Such,  undoubtedly,  is  the  re- 
quirement as  to  school  law  in  Colorado ;  algebra  and  English  liter- 
ature, in  South  Carolina ;  orthoepy,  in.  Wisconsin ;  theory  and 
practice  of  teaching,  in  Colorado.  A  special  noteworthy  example 
is  Oklahoma,  which  requires  the  elements  of  agriculture,  horticul- 
ture, stock  feeding  and  domestic  science,  by  constitutional  pro- 
vision. This  becomes  peculiarly  significant,  when  it  is  considered 
how  difficult  it  usually  is  to  amend  state  constitutions. 

ENRICHMENT  AND  ELIMINATION. 

An  examination  of  the  various  curricula  leads  to  the  con- 
clusion that  the  discussion  of  enrichment  of  courses  of  study  has 
produced  its  effect  in  legislation,  at  least  in  some  states.  Though 
true  enrichment  is  doubtless  desirable,  the  multiplicity  of  subjects 

26  California,    L.    '13,    chap.    Ill,    sec.    1664-1668. 

27  See   p.    25. 


ELEMENTARY  EDUCATION  31 

may  well  raise  the  question  of  elimination.  This  need  not  mean 
the  omission  of  subjects  of  study,  but  rather  the  elimination  of 
all  subject  matter  in  any  branch  which  is  of  no  real  value  to  the 
child.  This  vitalization  of  the  course  of  study  is  not  so  much  a 
work  for  the  legislator  as  for  the  teaching  profession,  for  the 
leaders  in  educational  thought  and  practice. 

AUTHORITY  OF  SCHOOL  BOARDS  OVER  COURSES  OF  STUDY. 

In  seventeen  states,  the  law  grants  authority  to  some  state 
or  local  official  to  add  branches  not  specified.  Various  legal  de- 
cisions in  these  states,  as  well  as  in  others  where  this  power  is  not 
specifically  stated,  have  affirmed  this  authority  of  school  boards. 

In  the  case  of  McCormick  v.  Cora  Burt,  in  1883,  brought  by 
the  former  against  the  latter  and  the  school  board  to  recover 
damages  for  his  suspension  from  school  on  account  of  the  non- 
observance  of  a  rule  of  the  school,  it  was  held : 

"In  the  performance  of  the  duties  imposed  by  law  upon 
school  directors,  they  must  exercise  judgment  and  discretion. 
What  rules  and  regulations  will  best  promote  the  interests  of  the 
school  under  their  immediate  control,  and  what  branches  shall  be 
taught,  and  what  text-books  shall  be  used,  are  matters  left  to  the 
determination  of  the  directors,  and  must  be  settled  by  them  from 
the  best  light  they  can  obtain  from  any  source,  keeping  always  in 
view  the  highest  good  of  the  whole  school."28 

In  Laporte,  Ind.,  one  Aram  Andrew  was  suspended  from 
school  for  refusing  to  study  music.  The  case  came  into  the 
courts,  and  finally  reached  the  supreme  court  which,  in  its  decis- 
ion affirmed: 

"'It  cannot  be  doubted,  we  think,  that  the  Legislature  has 
given  the  trustees  of  the  public  school  corporations  the  discre- 
tionary power  to  direct,  from  time  to  time,  what  branches  of 
learning,  in  addition  to  those  specified  in  the  statute,  shall  be 
taught  in  the  public  schools  of  their  respective  corporations. 
Where  such  trustees  may  have  established  a  system  of  graded 
schools,  or  such  modifications  of  them  as  may  be  practicable,  with 
their  respective  corporations,  they  are  clothed  by  law  with  the 
discretionary  power  to  prescribe  the  course  of  instruction  in  the 
different  grades  of  their  public  schools.  We  are  of  the  opinion 
that  the  rule  or  regulation  of  which  the  relator  complains,  in  the 
case  under  consideration,  was  within  the  discretionary  power  con- 
ferred by  law  upon  the  governing  authorities  of  the  school  city 


28  McCormick   v.    Cora  Burt,    95    111.    263. 


32  STATE  CONTROL  OF  INSTRUCTION 

of  Laporte,  that  it  was  not  an  unreasonable  rule,  but  that  it  was 
such  a  one  as  each  pupil  of  the  high  school,  in  the  absence  of  suf- 
ficient excuse,  might  lawfully  be  required  to  obey  and  comply 
with."29 

In  1876,  there  was  tried,  in  the  supreme  court  of  Iowa,  the 
case  of  Bellemeyer  v.  The  Independent  District  of  Marshalltown, 
involving  the  question  as  to  the  right  of  the  district  board  to  bind 
the  district  by  a  contract  for  the  purchase  of  a  musical  instru- 
ment. After  reciting  the  laws  pertaining  to  the  qualifications  of 
teachers  and  to  the  right  of  the  annual  school  meeting  to  deter- 
mine "what  additional  branches  shall  be  taught  in  the  schools  of 
the  district,"  the  court  affirmed : 

"We  are  of  opinion  that  under  these  provisions  of  the  statute, 
the  independent  district,  defendant,  had  the  power  to  determine 
that  music  should  be  taught  in  the  schools  as  a  branch  of  educa- 
tion."30 

The  school  board  of  Defiance,  Ohio,  in  1876,  adopted  a  rule 
providing  for  the  suspension  from  school  of  any  pupil  refusing 
to  study  rhetoric,  unless  excused  on  account  of  sickness,  or  other 
good  cause.  A  boy  named  Andrew  Sewell  refused  to  comply 
with  this  rule  and  was  suspended.  The  boy's  father  brought  suit 
against  the  board.  The  court  in  its  decision  affirmed : 

"The  act  under  which  the  common  schools  of  Defiance  were 
organized  gives  to  the  board  of  education  of  the  town  the  entire 
control  and  management  thereof;  authorizes  the  board  to  make 
and  enforce  all  necessary  rules  and  regulations  for  the  govern- 
ment of  teachers  and  pupils  therein,  and  to  determine  the  various 
studies  and  parts  of  study  in  which  instruction  shall  be  given  in 
the  several  departments  thereof.  The  act  does  not  direct  how, 
or  in  what  manner,  the  rules  and  regulations  which  the  board 
may  adopt  for  the  government  of  the  schools  under  its  care  and 
management  shall  be  enforced,  but  leaves  the  whole  subject  of  the 
making  of  such  rules  and  their  enforcement  to  the  judgment  and 
sound  discretion  of  the  board.  The  rule  in  question,  for  the  en- 
forcement of  which,  in  the  manner  stated,  damages  are  claimed 
by  the  plaintiff  in  this  action,  was,  in  our  opinion,  reasonable."31 

In  one  of  the  district  schools  of  Vermont,  in  1859,  a  boy 
named  Guernsey  refused  to  write  English  composition  required 
by  the  teacher,  but  not  mentioned  in  the  list  of  studies  prescribed 

20  The  State,  ex.  rel.  Andrew,   v.  Webber,   108   Ind.   31. 

soBellmeyer  v.  The  Independent  Dist.   of  Marshalltown,    44   Iowa  564. 

•°.i  Sewell   v.    Board   of   Education,    29    Ohio    State    89. 


ELEMENTARY  EDUCATION  33 

by  law.  The  boy  was  suspended  and  the  case  came  before  the 
courts.  In  the  ruling  of  the  supreme  court  is  found  the  follow- 
ing: 

"But  in  regard  of  those  branches  which  are  required  to  be 
taught  in  the  public  schools,  the  prudential  committee  and  the 
teacher  must,  of  necessity,  have  some  discretion  as  to  the  order 
of  teaching  them,  the  pupils  who  shall  be  allowed  to  pursue  them, 
and  the  mode  in  which  they  shall  be  taught.  If  this  were  not  so, 
it  would  be  impossible  to  classify  the  pupils,  or  for  one  teacher 
to  attend  to  more  than  ten  or  twelve  pupils.  With  this  conces- 
sion to  the  teacher  of  fixing  the  mode  of  teaching  these  branches, 
it  seems  very  obvious  that  English  composition  may  fairly  be  re- 
garded as  an  allowable  mode  of  teaching  many  of  these 
branches."32 

There  was  a  case  tried  in  the  courts  of  Nebraska,  in  1891,  in- 
stituted because  of  the  expulsion  from  school  of  a  girl  for  her  re- 
fusal to  study- grammar.  The  court  held: 

"Schools  are  provided  by  the  public  in  which  prescribed 
branches  are  taught  which  are  free  to  all  within  the  district  be- 
tween certain  ages?  But  no  pupil  attending  the  school  can  be 
compelled  to  study  any  prescribed  branch  against  the  protest  of 
the  parent  that  the  child  shall  not  study  such  branch,  and  any 
rule  or  regulation  that  requires  the  pupil  to  continue  such  studies 
is  arbitrary  and  unreasonable.  There  is  no  reason  why  the  fail- 
ure of  one  or  more  pupils  to  study  one  or  more  prescribed 
branches  should  result  disastrously  to  the  proper  discipline,  ef- 
ficiency, and  well  being  of  the  school."33  , 

In  1875,  one  Frances  Post  attended  a  district  school  in  Illi- 
nois, and  belonged  to  a  class  which  required  the  study  of  book- 
keeping. Because  of  her  refusal  to  pursue  this  study  she  was  ex- 
pelled from  school.  An  action  of  trespass  was  instituted  against 
the  principal  and  directors  of  the  school,  and  the  case  Anally 
reached  the  supreme  court  which,  in  giving  its  opinion,  said : 

"The  state  has  provided  the  means  and  brought  them  within 
the  reach  of  all,  to  acquire  the  benefits  of  a  common  school  educa- 
tion, but  leaves  it  to  parents  and  guardians  to  determine  the  ex- 
tent to  which  they  will  render  it  available  to  the  children  under 
their  charge.  We  are,  therefore,  clearly  of  opinion  that  the  gen- 
eral assembly  has  invested  school  directors  with  the  power  to 
compel  the  teaching  of  other  and  higher  branches  than  those 
enumerated,  to  those  willing  to  receive  instruction  therein,  but 


32  Guernsey   v.   Pitkin,    32   Vermont   226. 

33  state  v.   School  Dist.   No.   1   of  B'ixon  County,    31   Neb.    552. 


34  STATE  CONTROL  OF  INSTRUCTION 

has  left  it  purely  optional  with  parents  and  guardians  whether 
the  children  under  their  charge  shall  study  such  branches."3* 

Similarly,  in  Morrow  v.  Wood,  in  1874,  where  the  real  point 
at  issue  was  the  right  of  the  teacher  to  compel  a  pupil  to  study 
a  particular  branch,  the  supreme  court  declared : 

"Certain  studies  are  required  to  be  taught  in  the  public 
schools  by  statute.  The  right  of  one  pupil  must  be  so  exercised, 
undoubtedly,  as  not  to  prejudice  the  equal  rights  of  others.  But 
the  parent  has  the  right  to  make  a  reasonable  selection  from  the 
prescribed  studies  for  his  child  to  pursue,  and  this  cannot  possibly 
conflict  with  the  equal  rights  of  other  pupils."35 

Recently  the  right  of  the  parents  to  make  a  reasonable  se- 
lection of  studies  for  their  children  to  pursue  has  again  been 
tried  in  court.  Some  of  the  parents  in  district  No.  18,  of  Garvin 
County,  Okla.,  did  not  desire  to  have  their  children  take  singing- 
lessons,  which  formed -a  part  of  the  prescribed  course  of  study. 
The  parents  requested  the  school  board  to  excuse  their  children 
from  this  exercise,  but  the  school  authorities  denied  the  request. 
The  children  were  expelled  for  refusing  to  participate,  and  suit 
was  instituted.  The  case  reached  the  supreme  court,  which  ruled 
as  follows : 

"The  school  authorities  of  the  state  have  the  power  to  classify 
and  grade  the  scholars  in  their  respective  districts  .and  cause 
them  to  be  taught  in  such  departments  as  they  may  deem  expedi- 
ent. They  may  also  prescribe  the  courses  of  study  and  text-books 
for  the  use  of  the  schools,  and  such  reasonable  rules  and  regula- 
tions as  they  may  think  needful.  They  may  also  require  prompt 
attendance,  respectful  deportment,  and  diligence  m  study.  The 
parent,  however,  has  a  right  to  make  a  reasonable  selection  from 
the  prescribed  course  of  study  for  his  child  to  pursue,  and  his 
selection  must  be  respected  by  the  school  authorities,  as  the  right 
of  the  parent  in  that  regard  is  superior  to  that  of  the  school  of- 
ficers and  the  teachers."36 

These  cases  clearly  indicate  the  power  of  school  boards  to 
frame  courses  of  study.  While  the  decisions  regarding  the  pa- 
rent's right  to  make  selections  from  courses  of  study  apparently 
conflict,  the  general  conclusion  to  be  reached  would  seem  to  be 
that  parents  have  a  right  to  make  reasonable  selections,  provided 


34  Rulison   v.    Post,    79    111.    567. 

35  Morrow  v.   Wood,    35   Wis.    59. 

26  School   Board   v.    Thompson,    103    Pac.    578. 


ELEMENTARY  EDUCATION  35 

such  action  does  not    interfere  with    the  general  welfare    of  the 
school. 

SCHOOL  EFFICIENCY. 

The  effectiveness  of  the  laws  of  the  state,  however,  depends 
in  large  measure  upon  their  proper  enforcement.  The  mere  ob- 
servance of  the  letter  and  not  the  spirit  of  the  law  is  of  little 
avail.  Not  the  name  of  the  subject,  but  its  content  is  important. 
Mere  formal  instruction  devoid  of  all  vitality,  in  some  or  all  the 
specified  branches  of  the  curriculum,  profits  but  little.  Unless  the 
community  does  its  part  to  provide  suitable  conditions,  procure 
properly  qualified  teachers,  and  interests  itself  in  the  actual  work 
of  the  school,  the  best  results  cannot  be  obtained,  and  the  public 
school  will  fall  short  of  performing  its  proper  function.  The  at- 
tention, or  lack  of  attention,  now  given  to  schools  in  many  com- 
munities, will  doubtless  result  in  the  future  enactment  of  such 
laws  and  the  promulgation  of  such  measures  as  will  tend  to  make 
the  public  school  more  truly  effective.  . 

EIGHTH-GRADE  EXAMINATION. 

State  control  of  eighth-grade  examinations  has  evidently  this 
end  in  view.  Such  examinations  are  now  required  in  a  number  of 
the  states.37  Here  should  also  be  mentioned  the  examination  re- 
quired of  eighth-grade  graduates  in  Illinois  in  the  awarding  of 
scholarships  entitling  the  holder  to  gratuitous  instruction  in  any 
state  normal  school  of  Illinois  for  a  period  of  four  years.38 

STATE  SUBSIDIES. 

In  the  effort  to  make  the  elementary  schools  efficient,  it  has 
been  found  necessary  for  the  state  to  assume  greater  and  greater 
control.  It  has  become  recognized  that,  if  the  schools  are  to  be- 
come efficient,  not  only  must  definite  standards  be  demanded  of 
all  the  schools,  as  a  result  of  which  are  the  various  state  require- 
ments in  respect  to  studies,  which  have  just  been  examined,  but 
genuine  local  interest  in  education  must  be  aroused.  To  stimu- 
late the  growth,  in  the  endeavor  to  improve  educational  oppor- 


37Oal.f  Sch.  L.  '13,  p.  81.  sec.  1663;  Id.  Sch.  L.  '13,  p.  92,  sec.  187; 
Ind.,  Sch.  L,.  '11,  p.  53,  sec.  37;  Mon.,  Sch.  L*.  '13,  p.  69,  sec.  903;  O., 
Sch.  L.  '12,  p.  122,  sees.  7740-7744;  Ore.,  Sch.  L.  '13,  p.  161,  sec.  411; 
S.  Dak.,  Sch.  L.  '13,  p.  29,  sec.  147;  Wash.,  Sch.  L.  '13,  p.  189,  ch.  17. 

sslll.,    Sch.    L.    '12,   p.    52,    sec.    166. 


36  STATE  CONTROL  OF  INSTRUCTION 

Utilities,  the  states  are  more  and  more  extending  their  policies  of 
giving  financial  support  to  the  schools  of  the  state. 

"More  and  more  each  year  the  different  states  are  endeavor- 
ing to  extend  financial  assistance  to  the  least  wealthy  communities 
by  making  direct  appropriations  for  the  expansion  and  improve- 
ment of  the  various  grades  of  elementary  schools.  Connecticut, 
Florida,  Maine,  Maryland,  Minnesota,  Nebraska,  Ohio,  Utah, 
Virginia,  West  Virgina  and  Wisconsin  may  be  selected  as  typical 
of  what  is  being  accomplished  to  raise  educational  standards  by 
wisely  directed  financial  assistance.  ":i!l 

STATE  SUPERVISION  OF  SCHOOL  BUILDINGS. 

Besides  the  states  are  concerning  themselves  more  and  more 
with  the  indirect  forces  that  make  for  efficiency  of  school  work. 
Illustrative  of  this  is  the  state  control  that  is  being  increasingly 
exercised  in  the  erection,  construction  and  proper  equipment  of 
sanitary  school  buildings.40 

THE  CENTRALIZING  TENDENCY  A  RECENT  GROWTH. 

This  control  exercised  by  the  state  over  the  elementary 
schools  is  largely  a  development  of  recent  years.  In  the  earlier 
days,  the  subjects  of  instruction  were  few  and  every  locality  was 
practically  a  law  unto  itself. 

"During  the  seventeenth  century,  the  only  subjects  taught 
by  legislative  requirements  in  the  colonies  of  Massachusetts  Bay. 
Plymouth,  Connecticut,  New  Amsterdam  and  New  Sweden  were 
reading,  writing,  religion  and  capital  laws."41 

"Bronson  Alcott,  the  prominent  educator,  born  in  Massachu- 
setts, in  1799,  in  describing  the  schools  of  his  boyhood,  says : 
'Until  within  a  few  years  no  studies  have  been  permitted  in  the 
day  school  but  spelling,  reading,  and  writing.  Arithmetic  was 
taught  by  few  instructors  on  one  or  two  evenings  a  week.  But  in 
spite  of  the  most  determined  opposition  arithmetic  is  now  per- 
mitted in  the  day  school.'  This  was  in  Massachusetts  at  the  be- 
ginning of  this  century"  (i.  e.  the  19th).42 

The  laws  of  Massachusetts,  in  1789,  required  orthography, 
reading,  writing,  English  grammar,  geography,  and  decent  be- 
havior. In  1826,  towns  or  districts  containing  fifty  families  or 


so  State   School   Systems,   II,    Bulletin   No.    7,   p.    86. 

40  State   School    Systems,   II,   Bulletin  No.    7,   p.    119. 

41  Dexter:    History    of    Education    in    the    United    States,    p.    156. 
i^Cajori:    The    Teaching:    and    History   of    Mathematics    in    the    U.    S., 

United   States   Bureau  of  Education,   Circular  of  Information,  No.   3,   1890, 
p.   9. 


ELEMENTARY  EDUCATION  37 

householders  had  to  add  arithmetic  to  the  course.  The  act  of  1857 
provided  for  orthography,  reading,  writing,  English  grammar, 
geography,  arithmetic,  algebra,  history  of  the  United  States,  and 
good  behavior  (physiology  and  hygiene,  optipnal).  In  1860,  draw- 
ing and  music  were  made  permissible  and,  in  1862,  agriculture.  In 
1S70,  drawing  was  included  among  the  branches,  and  all  towns 
of  10,000  must  provide  for  industrial  and  mechanical  drawing  to 
persons  over  fifteen.  Six  years  later,  sewing  was  made  permissible. 
In  1885,  physiology  and  hygiene  with  reference  to  the  effects  of 
stimulants  and  narcotics  was  required.  Thus  gradually  the  cur- 
riculum has  been  extended,  and  one  subject  after  another  has 
been  made  a  legal  requirement.  The  history  of  Massachusetts  in 
this  respect  is  typical  of  other  states.  More  and  more  the  state 
has  increased  its  demands  and  made  greater  and  greater  efforts  to 
improve  the  efficiency  and  usefulness  of  the  schools.  The  in- 
creasing state  control  of  the  elementary  curriculum  is  thus  plainly 
recognizable^  and  constitutes  one  of  the  significant  centralizing 
tendencies  taking  place  in  the  educational  administration. 


38  STATE  CONTROL  OF  INSTRUCTION 


CHAPTER  III. 
SECONDARY  EDUCATION. 

THE  NEED  OF  SECONDARY  EDUCATION. 

Whatever  may  be  the  view  as  to  the  purpose  of  the  high 
school,  it  holds  or  should  hold  a  most  important  place  in  the  edu- 
cational regime.  The  elementary  school  at  best  can  but  offer  the 
very  rudiments  of  an  education  and,  without  further  training,  the 
individual  does  not  attain  that  development  necessary  for  his 
highest  efficiency.  In  the  days  of  the  pioneer,  the  time  of  brawn 
rather  than  brain,  there  was  little  time  or  occasion  for  secondary 
education.  The  common  school  answered  the  need  of  that  early 
day,  not  because  of  its  superior  excellence,  but  because  of  the 
simple  demands  of  the  time.  The  elementary  school  of  today, 
imperfect  as  it  is,  and  far  from  attaining  as  yet  that  measure  of 
effectiveness  that  it  ought,  does  not  suffer  in  comparison  with  the 
school  of  yore.  The  school  of  our  forefathers  was  not  that  em- 
bodiment of  thoroughness  often  ascribed  to  it,  nor  the  creator  of 
the  great  men  and  women  that  have  gone  forth  from  its  door,  and 
who  have  thrown  about  it  a  halo  not  at  all  its  own.  It  was  not 
so  much  the  school,  as  the  time,  the  occasion,  and  the  environ- 
ment, that  fashioned  these  men  and  women  who  left  their  im- 
press on  the  life  of  the  nation.  The  conditions  of  life  have  so 
changed,  socially,  commercially,  economically,  that  what  was  for- 
merly amply  sufficient  is  now  wholly  inadequate.  Today,  a  sec- 
ondary education  is  almost  a  necessity  for  thorough  efficiency  in 
any  walk  of  life.  This  training  is  given  during  the  most  eventful 
period  in  the  life  of  the  individual,  the  most  potent  character-build- 
ing period  of  all  the  years,  and  its  importance  well  deserves  the 
best  thought  and  attention  that  can  be  given  it. 

THE  ORIGIN  OF  THE  HIGH  SCHOOL. 

The  modern  high  school  is  largely  a  product  of  the  last  half 
of  the  19th  century.  For  a  time,  the  academies1  were  the  chief 


i  See   chap.    I,   p.    14. 


SECONDARY  EDUCATION  39 

means  for  secondary  education,  but  early  in  the  19th  century 
there  arose  a  demand  for  schools  under  public  control.  Various 
influences  contributed  to  this  end.  Free  elementary  schools  had 
become  an  established  fact,  and  the  idea  of  education  under  public 
control  was  abroad  in  the  land.  With  the  development  of  the 
elementary  school  system,  there  came  to  be  a  large  number  of 
children  not  intended  for  college  or  professional  life  who,  never- 
theless, were  ready  for  further  school  privileges.  Better  social 
and  economic  conditions  tended  to  increase  this  class.  The  first 
step  to  meet  this  growing  demand  for  more  extended  training 
was  taken  by  the  larger  towns  and  municipalities.  The  schools 
thus  established  as  an  upward  extension  or  outgrowth  of  the 
elementary  schools  were  regarded  as  the  schools  of  the  people,  in 
contradistinction  from  the  academies,  the  schools  for  those  who 
were  able  to  pay.  The  right  of  school  authorities  to  thus  main- 
tain public  high  schools  was  established  in  the  well-known  Kala- 
mazoo  case.2 

To  Boston  belongs  the  honor  of  establishing  the  first  English 
high  school  in  this  country,  in  1821.  Before  the  Civil  War,  the 
number  of  high  schools  established  was  comparatively  small.  Dr. 
Harris  estimates  it  at  forty.3  There  were  doubtless  others  which 
bore  this  name,  though  probably  not  much  more  than  advanced 
elementary  schools.  By  1870,  according  to  the  same  authority, 
the  number  had  increased  to  at  least  160,  and  by  1880,  to  800. 
It  is,  however,  especially  the  last  decade  or  two  that  may  be 
designated  as  a  high  school  era.  From  2,526  public  high  schools, 
with  202,963  students,  in  1890,  the  number  had  increased  to  8,960 
schools  and  770,456  students,  in  1908,4  and  to  10,234  schools  and 
'.)Sl,<i77  students,  in  1910.5 

STATE  REQUIREMENTS  AS  TO  COURSES  OF  STUDY. 

The  early  high  schools  were  often  founded  under  special 
charters  and  statutes,  hence,  it  is  difficult  to  determine  their 
statutory  provisions.  The  law  usually  provided  that  the  studies 
to  be  pursued  should  be  determined  by  the  local  board.  While 


2  See  chap.    IV. 

?.  Harris:   Recent  growth  of  public  high  schools,   etc.     Proc.   N.   E.  A., 

4U.    S.   Commissioner's   Report,    1908,    vol.    2,    pp.    861,    865. 
-  U.    S.    Commissioner's   Report,   1911,   vol.    2,    p.    1184. 


40  STATE  CONTROL  OF  INSTRUCTION 

the  legal  enactments  do  not  always  keep  pace  with  the  needs  and 
educational  progress  of  the  time,  and  the  law  doubtless  does  not 
reflect  fully  the  place  occupied  by  secondary  education,  the  sta- 
tutes of  all  the  states  and  territories,  without  exception,  con- 
tain some  legislation  on  this  important  subject,  and  indicate 
the  change  that  has  taken  place  in  respect  to  secondary  school 
administration. 

In  the  control  of  the  secondary  curricula  today,  the  different 
states  pursue  as  varying  a  policy,  as  they  do  in  the  elementary 
school,  but  the  power  of  performing  this  function  tar  the  former 
is  not  yet  vested  so  widely  in  state  authorities  as  the  latter.  In 
twenty-four  states,6  the  determination  of  the  curriculum  is  left 
to  the  local  school  board  (or  board  of  education,  board  of  direc- 
tors, school  committee,  etc.)  which,  however,  in  a  few  cases  must 
conform  to  some  general  authority  or  direction.  In  Arizona,  the 
course  of  study  must  be  approved  by  the  State  Board  of  Educa- 
tion ;7  in  California,  by  the  County  Board  of  Education,  except 
in  cities  and  incorporated  towns;8  in  Iowa,  by  the  State  Super- 
intendent of  Public  Instruction.9  The  course  of  study  of  rural 
high  schools  in  Michigan  must  be  approved  by  the  Superinten- 
dent of  Public  Instruction  and  the  President  of  the  Michigan 
Agricultural  College.10  In  North  Dakota,  the  State  High  School 
Board  has  the  power  to  establish  necessary  and  suitable  rules  re- 
garding examinations,  classification  of  schools  and  courses  of 
study,  and  no  state  aid  shall  be  granted  by  said  board  to  any 
school  until  the  report  of  the  high  school  inspector  has  been  ex- 
amined and  found  satisfactory.11  Six  states12  vest  this  power  to 
formulate  the  high  school  curriculum  in  the  state  superintendent, 
while  fourteen  others13  make  it  the  duty  of  the  state  board  of  edu- 


n  Arizona,  Arkansas,  California,  Colorado,  Connecticut,  Idaho,  Illinois, 
Iowa,  Kentucky,  IMaine,  Michigan,  Massachusetts,  Mississippi,  Nebraska. 
New  Mexico,  North  Dakota,  New  York,  Oklahoma,  Ohio.  Rhode  Island. 
South  Dakota,  Texas,  Utah  and  Wyoming. 

7  Arizona,    Sch.    L,.    '12,    sec.    82. 

s  California,    Sch.    L.    '13,    sec.    1750. 

f»  Iowa,    Sch.    L.    '11,    sec.    2776. 

10  Michigan,    Sch.    L.    '11,    p.    157,    sec.    4. 

11  North   Dakota,   Sch.   L,.   '11,   chap.    267,   sees.    1034,    1036. 

12  Alabama.    Missouri,    North    Carolina.    Oregon     (for     the     first     two 
years  of  Co.   H.   S.      The  last   two  years  are   determined  by   the  Co.   H.    S. 
B'd),    Vermont,   Wisconsin. 

i  P.Delaware,  Georgia,  Indiana,  Kansas,  Louisiana,  Maryland,  Mon- 
tana, New  Jersey,  Nevada,  Oregon  (for  union  H.  g.),  South  Carolina, 
Tennessee,  Virginia,  West  Virginia. 


SECONDARY  EDUCATION  41 

cation.  Florida  assigns  this  work  to  a  committee  consisting  of 
the  State  Superintendent  of  Public  Instruction  and  "of  not  less 
than  six  or  more  than  ten  most  capable  persons,  of  whom  not  less 
than  one-third  shall  be  presidents  or  principals  of  state  institu- 
tions for  higher  education,  and  not  less  than  one-third  shall  be 
principals  of  high  or  graded  schools/'14  In  Washington,  it  is  the 
duty  of  the  principal  of  each  school,  in  all  districts  of  the  first 
class  (districts  maintaining  high  schools  of  not  less  than  a  two 
years  course  of  study),  to  prepare  a  course  of  study,  under  the  di- 
rection of  the  city  board  of  education,  which  must  be  approved  by 
the  state  superintendent  before  going  into  effect.15  Pennsylvania 
makes  it  the  duty  of  the  superintendent  having  supervision  of  the 
high  school,  subject  to  the  modification  of  school  directors.16  For 
Hawaii,  the  department  of  public  instruction,  consisting  of  the 
Superintendent  of  Public  Instruction  and  six  commissioners,  pre- 
scribes the  courses  of  study  for  high  schools.17 

EXTENT  OF  STATE  CONTROL. 

Eighteen18  states  prescribe  specific  requirements  more  or  less 
extensive.  For  the  county  high  schools  of  Tennessee  the  law 
provides : 

"In  every  county  high  school  shall  be  taught  all  the  branches 
of  study  now  required  or  permitted  by  law  to  be  taught  in  the 
secondary  schools,  excepting  and  excluding  the  branches  named 
to  be  taught  in  the  five  grades  of  the  primary  schools ;  and  in  ad- 
dition such  other  high  school  branches  may  be  taught  as  the 
Board  of  Education  may  prescribe  as  necessary  to  prepare  pupils 
for  college  or  for  business.  The  county  high  schools  shall  be 
graded  by  the  Board  of  Education  under  the  general  regulations 
of  the  State  Superintendent  and  the  supervision  of  the  County 
Superintendent,  beginning  with  the  sixth  grade,  which  sixth 
grade  shall  be  adjusted  for  the  admission  of  pupils  who  have 
completed  the  five  grades  of  the  primary  schools."1 

Indiana  enacted  in  1907  that : 

"The  public  schools  of  the  state  be  and  are  defined  and  dis- 
tinguished as  (a)  elementary  schools  and  (b)  high  schools.  The 


14  Florida,    Sch.   L.   '11,   p.    35,   sec.    78. 
i:.  Washington,   Sch.   L.   '13,  p.   126,   sec.    268. 
10  Pennsylvania,   Sch.  K  '13,  p.   95,  sec.   1712. 
IT  Hawaii,    Sch.    L.    '11,    p.    9,    sec.    25. 

isOal.,  F'la.,  Ga.,  Kan.,  Me.,  Md.,  Mo.,  Mich.,  Neb.,  N.  H.,  N.   J-,   Okla., 
O.,   Ore.,   Tenn.,   Va.,   Vt,   Wis. 

nt  Tennessee,    Sch.   L,.   '11,   p.   39,   sec.    4. 


42  STATE  CONTROL  OF  INSTRUCTION 

elementary  schools  shall  include  the  first  eight  years  of  school 
work,  and  the  course  of  study  for  such  years  that  which  is  now 
prescribed  or  may  hereafter  be  prescribed  by  law.  The  commis- 
sioned high  schools  shall  include  not  less  than  four  year's  work, 
following  the  eight  years  in  the  elementary  schools.  The  high 
school  course  in  non-commissioned  high  schools  shall  be  uniform 
throughout  the  state  and  shall  follow  a  course  to  be  established 
and  amended  or  altered  from  time  to  time  as  occasion  may  arise, 
by  the  state  board  of  education. 

"The  following  enumerated  studies  shall  be  taught  in  all 
Commissioned  high  schools  throughout  the  state,  together  with 
such  additonal  studies  as  any  local  board  of  education  may  elect 
to  have  taught  in  its  high  school :  Provided,  That  such  additions 
shall  be  subject  to  revision  of  the  state  board  of  education. 
Mathematics :  Commercial  arithmetic,  algebra,  geometry.  His- 
tory: United  States,  ancient,  medieval  or  modern.  Geography: 
Commercial  or  physical.  English :  Composition,  rhetoric.  Liter- 
ature: English,,  American.  Language  (foreign):  Latin  or  Ger- 
man. Science :  Biology,  physics  or  chemistry.  Civil  government : 
General,  state.  Drawing.  Music."20 

MINIMUM  REQUIREMENTS. 

California,  Florida,  Idaho,  Kansas,  Maine,  Maryland,  Mis- 
souri, New  Hampshire,  New  Jersey,  North  Dakota,  Oregon  and 
Tennessee,21  specify  minimum  requirements,  which  must  be  ob- 
served in  the  framing  of  the  course  of  study. 

The  statutes  of  Florida  require  of  the  committee  before  men- 
tioned that  the  "course  of  study  shall  require  minimum  require- 
ments and  shall  be  arranged  as  far  as  practicable  to  secure 
equality  of  mental  power  and  training  among  those  completing  its 
instruction."2  But  the  course  of  study  "'shall  not  prescribe  un- 
necessary details  as  to  order  or  methods  of  instruction,  though 
it  may  recommend  such  details."22 

The  requirements  in  Oregon  are  as  follows : 

"The  course  of  study  for  high  schools  in  this  state  shall  em- 
brace a  period  of  four  years,  above  the  eighth  grade  of  the  public 
schools  of  this  state,  and  shall  contain  two  years  of  required 
work,  which  shall  be  uniform  in  all  high  schools  of  the  state. 
Such  course  of  study  for  the  two  years  of  required  work  shall  be 
laid  down  by  the  Superintendent  of  Public  Instruction,  after  due 
consultation  with  all  county  and  district  high  school  boards  in  the 


20  Indiana,   Sch.   I*   '11,  p.    112,   sees.   133,   134. 

21  See  appendix. 

22  Florida,    Sch.   L.  '11,  p.   35,   sec.   78. 


SECONDARY  EDUCATION  43 

state.  The  course  of  study  for  the  two  years  of  optional  work 
in  all  high  schools  shall  be  laid  down  by  "the  county  high  school 
board  in  the  county  or  the  district  school  board  in  case  of  district 
high  schools,  after  due  consultation  with  the  State  Superintendent 
of  Public  Instruction;  provided,  that  in  any  high  school  of  this 
state  it  may  be  provided  by  the  directors  thereof  that  all  or  part 
of  the  two  years  of  optional  work  in  the  high  school  course  shall 
be  devoted  to  industrial  training.  In  high  schools  where  indus- 
trial training  is  made  part  of  the  course,  the  required  studies,  and 
industrial  training,  may  be  interspersed  throughout  the  four  years' 
high  school  work,  as  may  be  deemed  best  by  the  board  of  direc- 
tors of  such  school/'23 

The  law  in  Missouri  grants  authority  to  the  State  Superin- 
tendent to  classify  the  high  schools  of  the  state  and  prescribe 
minimum  requirements  for  each  class  with  this  provision: 

"No  school  shall  be  classed  as  a  high  school  of  the  first  class 
which  does  not  maintain  a  four  years'  course  of  standard  work  in 
English,  mathematics,  science  and  history,  for  a  term  of  at  least 
nine  months  in  a  year,  and  which  does  not  employ  the  entire  time 
of  at  least  three  approved  teachers  in  high  school  work ;  that  no 
school  shall  be  classed  as  a  high  school  of  the  second  class  which 
does  not  maintain  a  three  years'  course  of  standard  work  in  Eng- 
lish, mathematics,  science  and  history,  for  a  term  of  at  least  nine 
months  in  the  year,  and  which  does  not  employ  the  entire  time  of 
at  least  two  approved  teachers  in  high  school  work;  that  no  school 
shall  be  classed  as  a  high  school  of  the  third  class  which  does  not 
maintain  a  two  years'  course  of  standard  work  in  English,  math- 
ematics, science  and  history,  for  a  term  of  at  least  eight  months 
in  the  year,  and  which  does  not  employ  the  entire  time  of  at  least 
one  approved  teacher  in  high  school  work."24 

According  to  the  rules  and  regulations  of  the  State  Board  of 
Education  of  New  Jersey,  in  order  that  schools  may  be  classed  as 
high  schools,  they  must  require,  for  admission  the  successful  com- 
pletion of  eight  years  of  graded  pre-academic  work,  or  its  equiva- 
lent, approved  by  the  State  Board  of  Education.  To  be  classed 
as  "Approved  High  Schools"  they  must  meet  the  following  con- 
ditions : 

"All  the  regular  courses  of  study  must  cover  four  full  years 
of  school  work,  and  must  be  approved  by  the  State  Board  of  Edu- 
cation. The  teaching  and  equipment  must  be  approved  by  the 
State  Board  of  Education,  but  such  approval  will  not  be  granted 
unless  three  years  of  high  school  work  are  in  operation.  The 

23  Oregon,   gch.   L.   '13,   p.   136,   sec.    338. 

24  Missouri,    Sch.    L.    '13,    p.    112,    sec.    10923. 


44  STATE  CONTROL  OF  INSTRUCTION 

teaching  force  must  be  adequate  in  number,  and  shall,  in  every 
case,  consist  of  at  least  three  teachers,  each  of  whom  shall  be  en- 
gaged exclusively  in  high  school  work.  Diplomas  shall  be  granted 
only  to  pupils  who  have  completed  a  full  four-year  course,  ag- 
gregating at  least  seventy-two  academic  counts.  The  counts 
shall  be  reckoned  in  accordance  with  the  number  of  recitations  per 
week  of  a  school  year  of  at  least  thirty-eight  weeks,  and  the  reci  - 
tation  periods  shall  average  at  least  forty  minutes." 

A  three-year  high  school  will  be  registered  as  a  ''Partial  High 
School"  in  case  it  meets  the  following  conditions : 

"All  the  regular  courses  of  study  must  cover  three  full  years 
of  school  work,  and  must  be  approved  by  the  State  Board  of  Edu- 
cation. The  teaching  and  equipment  must  be  approved  by  the 
State  Board  of  Education,  but  said  approval  will  not  be  granted 
unless  at  least  two  years  of  high  school  work  are  in  actual  opera- 
tion. The  teaching  force  must  be  adequate  in  number,  and  shall 
consist  in  every  case  of  at  least  two  teachers,  each  of  whom  shall 
be  engaged  exclusively  in  high  school  work.  Certificates  of 
graduation  shall  be  granted  only  to  pupils  who  have  completed 
a  full  three-year  course,  aggregating  at  least  fifty-four  academic 
counts.  The  counts  shall  be  reckoned  in  accordance  with  the  num- 
ber of  recitations  per  week  of  a  school  year  of  not  less  than 
thirty-eight  weeks,  and  the  recitation  periods  shall  average  not 
less  than  forty  minutes. 

"Properly  certified  graduates  of  an  approved  high  school 
shall  be  entitled  to  admission,  without  examination,  to  the  two- 
year  professional  courses  of  the  State  Normal  Schools.  Properly 
certified  graduates  of  a  three-year  partial  high  school  shall  be  en- 
titled to  admission,  without  examination,  to  the  three-year  courses 
of  the  State  Normal  Schools.  Certificates  for  work  done  may  be 
granted  by  a  local  Board  of  Education  to  pupils  who  have  not  com- 
pleted a  full  four-year  high  school  course,  but  such  certificates  shall 
not  be  granted  as  diplomas ;  and  must,  in  each  case,  state  the  num- 
ber of  years'  work  successfully  completed.  Holders  of  such  cer- 
tificates shall  not  be  ranked  as  graduates  from  any  course."25 

Though  in  Ohio  the  district  board  of  education  frames  the 
course  of  study,  the  law  makes  rather  comprehensive  regulations 
regarding  it. 

"A  high  school  is  one  of  higher  grade  than  an  elementary 
school,  in  which  instruction  and  training  are  given  in  approved 
courses  in  the  history  of  the  United  States  and  other  countries  ; 
composition,  rhetoric,  English  and  American  literature ;  algebra 
and  geometry ;  natural  science,  political  or  mental  science,  ancient 


i'.-.  New   Jersey,    Sch.    L.   '11,   p.    191. 


SECONDARY  EDUCATION  45 

or  modern  foreign  languages,  or  both,  commercial  and  industrial 
branches,  or  such  of  the  branches  named  as  the  length  of  its  cur- 
riculum makes  possible.  Also  such  other  branches  of  higher 
grade  than  those  to  be  taught  in  the  elementary  schools  with  such 
advanced  studies  and  advanced  reviews  of  the  common  branches 
as  the  board  of  education  directs.  The  high  schools  of  the  state 
shall  be  classified  into  schools  of  the  first,  second  and  third  grades. 
All  courses  of  study  offered  in  such  schools  shall  be  in  branches 
enumerated  in  .section  seventy-six  hundred  and  forty-nine  (above 
quoted).  A  high  school  of  the  first  grade  shall  be  a  school  in 
which  the  courses  offered  cover  a  period  of  not  less  than  four 
years,  of  not  less  than  thirty-two  weeks  each,  in  which  not  less  than 
sixteen  courses  are  required  for  graduation.  A  high  school  of 
the  second  grade  shall  cover  a  period  of  not  less  than  three  years, 
of  not  less  than  thirty-two  weeks  each,  in  which  not  less  than 
twelve  courses  of  study  are  required  for  graduation.  A  high 
school  of  the  third  grade  shall  cover  a  period  of  not  less  than  two 
years,  of  not  less  than  twenty-eight  weeks  each,  in  which  not  less 
than  eight  courses  of  study  are  required  for  graduation.  Public 
schools  of  a  less  grade  shall  be  denominated  as  elementary  schools. 
A  course  of  study  shall  consist  of  not  less  than  four  recitations  a 
week,  continued  throughout  the  school  year."-6 

THE  AIM  OF  THE  HIGH  SCHOOL. 

The  aim  of  the  high  school  is  still  an  unsettled  question. 
Shall  it  prepare  for  college  and  higher  institutions  of  learning, 
shall  it  lead  to  special  vocations,  or  shall  it  be  in  the  interests  of 
those  for  whom  the  high  school  is  a  finishing  school?  Only  in  a 
few7  states,  California,  Florida,  Kansas,  Massachusetts,  Minnesota, 
Montana,  Nevada,  Ohio,  Oklahoma,  New  Hampshire  and  Wyo- 
ming, does  the  law  stipulate  preparation  for  college.  In  this  con- 
nection, the  law  in  Missouri  is  of  interest  in  that  it  requires  that: 

"All  work  completed  in  an  accredited  high  school  shall  be 
given  full  credit  in  requirement  for  entrance  to,  and  classification 
in,  any  educational  institution  supported  in  whole  or  in  part  by 
state  appropriation."-7 

Kansas  illustrates  the  attempt  of  meeting  the  requirements 
of  preparation  for  college,  as  well  as  special  and  general  needs. 
In  regard  to  high  schools,  in  counties  of  6000  or  over,  the  law 
stipulates : 

"There  shall  be  provided  three  courses  of  instruction,  each 
requiring  four  years'  study  for  completion,  namely,  a  general 

20  Ohio,   Sch.   L.  '12,  p.   98,   sees.   7649-55. 
27  Missouri,    Sch.    L.    '13.    p.    112,    sec.    10923. 


46  STATE  CONTROL  OF  INSTRUCTION 

course,  a  normal  course,  and  a  collegiate  course.  The  general 
course  shall  be  designed  for  those  who  cannot  continue  school 
life  after  leaving  said  high  school.  The  normal  course  shall  be 
designed  for  those  who  intend  to  become  teachers,  and  shall  fully 
prepare  any  who  wish  to  enter  the  first  year  of  professional  work 
of  the  State  Normal  School.  The  collegiate  course  shall  fully 
prepare  those  who  wish  to  enter  the  freshman  class  of  the  college 
of  liberal  arts  and  sciences  of  the  State  University,  or  of  the 
State  Agricultural  College,  or  of  any  other  institution  of  higher 
learning  in  this  state.  Whenever  practicable,  students  in  these 
courses  shall  recite  in  the  same  classes.  Students  in  the  last  year 
of  the  normal  course  may  be  employed  for  a  portion  of  their  time 
in  teaching  the  pupils  of  the  first  year  in  any  course,  and  model 
schools  shall  be  encouraged."28 

Similarly  in  Massachusetts,  the  law  is  designed  to  have  the 
curriculum  meet  the  wants  of  all. 

"Every  city  and  every  town  containing,  according  to  the 
latest  census,  state  or  national,  five  hundred  families  or  house- 
holders, shall,  and  any  other  may,  maintain  a  high  school,  ade- 
quately equipped,  which  shall  be  kept  by  a  principal  and  such  as- 
sistants as  may  be  needed,  of  competent  ability  and  good  morals, 
who  shall  give  instruction  in  such  subjects  designated  in  the  pre- 
ceding section  as  the  school  committee  considers  expedient  to  be 
taught  in  the  high  school,  and  in  such  additional  subjects  as  may 
be  required  for  the  general  purpose  of  preparing  pupils  for  ad- 
mission to  state  normal  schools,  technical  schools,  and  colleges. 
One  or  more  courses  of  study,  at  least  four  years  in  length,  shall 
be  maintained  in  each  such  high  school,  and  it  shall  be  kept  open 
for  the  benefit  of  all  inhabitants  of  the  city  or  town  for  at  least 
forty  weeks,  exclusive  of  vacations,  in  each  year.  A  town  may 
cause  instruction  to  be  given  in  a  portion  only  of  the  foregoing 
requirements,  if  it  makes  adequate  provisions  for  instruction  in 
others  in  the  high  school  of  another  city  or  town."-9 

STATE  AID. 

In  the  development  of  secondary  education,  state  aid  has 
been  and  is  playing  a  very  important  part.  Not  only  is  the  bur- 
den of  local  taxation  lightened  through  this  means,  but  local  in- 
terest and  endeavor  for  the  maintenance  of  educational  oppor- 
tunities is  stimulated.  Thus  the  law  in  Minnesota  provides : 
<  "The  high  school  board  shall  have  full  discretionary  power 
to  consider  and  act  upon  applications  of  high  schools  for  state  aid 


as  Kansas,   Sch.   L.  '13,  p.   130,   sec.   379. 

29  Massachusetts,    Sch.    L.    '11,    ch.    42,    sec.    2, 


SECONDARY  EDUCATION  47 

and,  subject  to  the  provisions  of  this  act,  may  prescribe  the  condi- 
tions upon  which  such  aid  will  be  granted;  and  it  shall  be  its 
duty  to  accept  and  aid  such  high  schools  only  as  will,  in  its  opin- 
ion, if  aided,  efficiently  perform  the  services  contemplated  by  law ; 
but  not  more  than  nine  schools  shall  be  aided  in  each  county  in 
any  one  year.  Any  school  accepted  and  continuing  to  comply  with 
the  law  and  regulations  of  the  board,  made  in  pursuance  thereof, 
shall  be  aided  not  less  than  two  years.  In  case  any  state  graded 
school,  as  hereinafter  provided,  shall  have  attained  such  a  degree 
of  proficiency  as  to  entitle  it  to  promotion  to  a  high  school,  and 
the  state  high  schools  in  the  county  shall  have  already  reached 
the  number  of  nine,  such  graded  school,  in  the  discretion  of  the 
board,  may  be  so  promoted,  and  take  the  place  of  the  high  school 
in  the  county  first  receiving  state  aid  for  the  period  of  at  least 
two  years ;  that  any  state  high  school  so  deprived  of  state  aid  shall 
continue  under  the  supervison  of  the  board,  with  all  the  privileges, 
except  state  aid,  of  a  preparatory  school  for  the  University  of 
Minnesota/"30 

Alabama  (since  July,  1911)  makes  a  state  appropriation  of 
$3.000  annually  to  any  county  high  school  which  meets  certain  re- 
quirements as  to  site  and  building.51 

MANUAL  AND  INDUSTRIAL  TRAINING. 

Manual  and  industrial  training  have  received  special  recogni- 
tion in  a  number  of  states.  Indiana,  Illinois,  Maryland,  Maine, 
Nebraska,  Oregon,  Vermont,  Wisconsin,  make  special  provision 
in  this  respect.  The  Maine  law  is  of  interest  because  of  what  it 
excludes  as  well  as  what  is  included. 

"The  course  of  study  in  the  free  high  schools  shall  embrace 
the  ordinary  English  academic  studies  which  are  taught  in  the 
secondary  schools,  especially  the  natural  sciences  in  their  applica- 
tion to  mechanics,  manufactures  and  agriculture;  but  the  ancient 
or  modern  languages  and  music  shall  not  be  taught  therein,  ex- 
cept by  direction  of  the  superintending  school  committees  having 
supervision  thereoof."32 

Wisconsin  offers  special  state  aid  to  those  high  schools  which 
add  manual  training  to  their  curriculum  and  comply  with  the 
specified  conditions  of  the  law.33 

Vermont,  in  1908,  enacted: 

"Any  high  or  grammar  school  whose  course  of  study  or  out- 


30  Minnesota,   Sch.  L.   '13,  p.   85,   sec.   248. 

31  Alabama,    Sch.   L.    '11,   p.    73,   sec.    1862. 

32  Maine,   Sch.   L,.   '13,   p.   25,    sec.    59. 

33  Wisconsin,    Sch.    I,.    '11,   p.    197,    sec.    496b. 


48  STATE  CONTROL  OF  INSTRUCTION 

line  or  work  in  manual  training  has  been  approved  by  the  state 
superintendent  of  education  may,  upon  application,  be  placed  upon 
an  approved  list  of  schools  maintaining  manual  training  depart- 
ments. A  school  once  entered  upon  such  list  may  remain  there 
and  be  entitled  to  state  aid  so  long  as  the  scope  and  character  of 
its  work  are  maintained  in  such  manner  as  to  meet  the  approval 
of  said  superintendent.  On  the  first  day  of  July,  in  each  year, 
the  clerk  of  each  school  board  maintaining  a  school  on  the  ap- 
proval list  or  the  city  superintendent  of  any  city  where  such  an 
approved  school  is  maintained,  shall  report  to  the  state  superin- 
tendent of  education  in  such  form  as  may  be  required,  setting 
forth  the  facts  relating  to  the  cost  of  maintaining  the  manual 
training  department  thereof,  the  character  of  the  work  done,  the 
number  and  names  of  teachers  employed,  and  the  length  of  time 
such  department  was  maintained  during  the  preceding  year.  And 
upon  the  receipt  of  such  report,  if  it  shall  appear  that  the  de- 
partment has  been  maintained  in  a  satisfactory  manner  for  a 
period  of  not  less  than  six  months  during  the  year,  the  said 
superintendent  shall  make  a  certificate  to  that  effect  and  file  it  with 
the  auditor  of  accounts.  Upon  receiving  such  certificate,  the  au- 
ditor of  accounts  shall  draw  an  order  for  two  hundred  and  fifty 
dollars,  payable  to  the  treasurer  of  the  town,  city  or  district, 
maintaining  the  school ;  provided,  that  the  total  amount  expended 
for  such  purpose  shall  not  exceed  five  thousand  dollars  in  any 
year."34 

In  Maryland,  the  state  board  of  education  divides  all  county 
high  schools  receiving  state  aid  into  two  groups,  according  to  the 
number  of  pupils  enrolled,  the  teachers  employed,  and  the  years 
of  instruction  given.35 

Those  in  the  first  group  shall  receive  "the  sum  of  $600,  on 
account  of  the  principal,  and  the  sum  of  $300,  on  account  of  each 
of  the  first  three  assistants  employed  for  regular  high  school 
work ;  the  sum  of  $400,  on  account  of  each  of  two  special  teachers, 
who  shall  spend  not  less  than  two-thirds  of  their  time  in  the 
school  receiving  said  amounts ;  and  the  sum  of  $100,  on  account 
of  each  additional  regular  grade  teacher,  provided  the  total 
amount  does  not  exceed  the  sum  of  $2,500.3C>  Those  of  the  sec- 
ond group  shall  receive  "the  sum  of  $600,  on  account  of  the  prin- 
cipal ;  the  sum  of  $400,  on  account  of  one  assistant  teacher,  em- 
ployed for  regular  high  school  work;  and  the  sum  of  $400,  on 
account  of  the  instructor  of  special  subjects,  to  be  designated  by 
the  county  school  board ;  provided,  that  if  an  instructor  in  manual 
training  or  agricultural  work  be  required  to  divide  his  time  among 

?.*  Vermont.    Sch.    L.    '11,    p.    26,    No.    40.    Acts    of    1908. 
3.-.  Maryland.    Sch.    L.    '12,   p.    50.    sec.    126. 
an  Maryland,   Sch.   L.   '12.   p.    ",2.   sec.   128. 


SECONDARY  EDUCATION  49 

not  more  than  four  schools  of  this  group,  $150  shall  be  allowed 
on  account  of  each  of  such  schools."36 


Agriculture  has  received  special  attention.  In  Nebraska,  af- 
ter stating  that  the  joint  high  school  manual  before  mentioned 
shall  be  the  course  of  study,  the  law  for  county  high  schools 
specifies  : 

"And  in  addition  thereto  there  shall  be  taught  and  practiced 
in  the  ninth  and  tenth  grades,  manual  training,  domestic  science 
and  the  elements  of  agriculture,  and  in  the  eleventh  and  twelfth 
grades,  normal  training  and  the  theory  and  practice  of  agriculture, 
and  for  the  purpose  of  such  teaching  and  practice  the  Board  of 
Regents  is  hereby  authorized  to  purchase  the  necessary  apparatus 
and  materials  for  those  purposes.  The  board  of  County  Com- 
missioners or  County  Supervisors  shall  purchase  a  tract  of  land 
not  less  than  five  acres,  conveniently  situated  to  such  county  high 
school,  for  actual  practice  by  all  the  students  or  a  part  of  the 
students,  under  the  direction  of  a  competent  instructor,  for  ex- 
perimentation in  all  forms  of  agriculture."37 

The  new  state  of  Oklahoma,  however,  has  'so  far  taken  the 
farthest  step  in  this  direction. 

"There  shall  be  established  in  each  of  the  supreme  court 
judicial  districts  a  district  agricultural  school  of  secondary  grade 
for  instruction  in  agriculture  and  mechanics,  and  allied  branches, 
and  domestic  science  and  economies,  with  courses  of  instruction 
leading  to  the  Agricultural  and  Mechanical  College,  and  the  state 
normals.  Each  of  said  agricultural  schools  shall  be  provided  with 
not  less  than  eighty  acres  of  land,  without  cost  to  the  state,  and 
deeded  in  perpetuity  to  the  state.  The  location,  operation,  and 
equipment  of  said  agricultural  schools  shall  be  under  the  admin- 
istration of  the  state  commission  of  agricultural  and  industrial 
education,  subject  to  the  approval  of  the  board  of  agriculture. 

"There  shall  be  an  experimental  farm,  operated  by  each  of 
said  agricultural  schools,  on  which  careful  trials  shall  be  made 
of  the  best  fruits,  vegetables,  flowers,  field  and  forage  crops,  fer- 
tilizers, and  stock  feeds  for  that  section,  as  well  as  the  systems  of 
dairying,  drainage,  irrigation  and  farm  management  that  may  be 
considered  of  practical  value  and  adapted  to  the  needs  of  the 
people  in  such  supreme  court  judicial  districts;  Provided,  That 
each  district  agricultural  school  shall  make  at  least  one  report  an- 
nually to  the  governor  of  the  state,  covering  all  work  done,  its 


so  Maryland,   Sch.   L,.  '12,   p.   52,   sec.   128. 
n-  Nebraska.   Sch.   L.   '13,  p.   57,   sec.   120. 


50  STATE  CONTROL  OF  INSTRUCTION 

cost,  the  results,  and  the  probable  value  of  such  experiments, 
which  report  shall  be  published  for  free  distribution  to  farmers, 
fruit  and  vegetable  growers  and  stockmen  in  the  supreme  judicial 
districts  in  which  said  school  is  located.  There  shall  be  held  an- 
nually by  each  of  said  agricultural  schools  a  farmers'  short  course, 
extending  over  at  least  one  week,  and  embracing  practical  and 
elementary  scientific  instruction  in  those  branches  of  agriculture 
that  may  be  deemed  most  important  in  the  supreme  court  judicial 
district  in  which  any  such  agricultural  school  is  located  at  the 
time  such  short  course  of  instruction  is  to  be  provided,  including 
a  course  in  domestic  economy,  canning,  preserving  and  cooking."3 

Georgia,  in  1906,  passed  an  act  providing  for  the  establish- 
ment and  maintenance  of  schools  of  agriculture  and  mechanic  arts 
in  the  congressional  districts  of  the  state. 

"Be  it  further  enacted,  That  the  course  of  studies  in  said 
schools  shall  be  confined  to  the  elementary  branches  of  an  Eng- 
lish education,  the  practical  treatises  or  lectures  on  agriculture 
in  all  its  branches,  and  the  mechanic  arts,  and  such  other  studies 
as  will  enable  students  completing  the  course  to  enter  the  fresh- 
man class  of  the  State  College  of  Agriculture  on  certificate  of  the 
principal.  Be  it  .further  enacted,  That  the  faculty  of  such  schools 
shall  consist  of  the  principal,  who  shall  be  an  intelligent  farmer ; 
one  superintendent  and  instructor  in  farm  work,  one  intelligent 
mechanic,  who  shall  direct  and  instruct  in  all  mechanical  work 
in  and  out  of  the  shops ;  one  practical  instructor  in  care  of  stock 
and  dairying,  one  instructor  in  English,  and  such  other  instruc- 
tors and  assistants  as  the  funds  of  the  college  may  permit.  That 
the  trustees  may  dispense  with  and  combine  the  duties  of  any  of 
the  above,  as  necessity  may  require,  and  it  shall  be  the  duty  of 
said  instructors  in  said  schools  to  co-operate  in  conducting 
farmers'  institutes  and  farm  and  stock  demonstrations  in  the 
several  counties  of  their  respective  districts.  Be  it  further  en- 
acted, That  after  the  first  buildings  are  erected,  before  the  opening 
of  such  school,  which  shall  be  only  such  as  are  absolutely  neces- 
sary for  temporary  use,  all  work  on,  in  and  about  such  schools, 
or  on  the  farm,  or  on  or  in  the  barns  and  shops  connected  with 
said  schools,  whether  it  be  farming,  care  of  stock,  or  work  of 
whatever  kind,  shall  be  performed  exclusively  by  the  students  of 
said  schools,  under  such  regulations  for  the  proper  division  and 
alternation  in  such  work  as  may  be  provided  by  the  trustees."39 

Texas  makes  it  the  duty  of  the  State  Board  of  Education  "to 
duplicate  by  an  appropriation  out  of  money  provided  for  by  this 
Act  an  amount  not  less  than  five  hundred  dollars,  nor  more  than 


28  Oklahoma,   Sch.   L*.   '12,  p.   65,   sees.    235,   237,   238. 
so  Georgia,    1906,    Act  No.    448. 


SECONDARY  EDUCATION  51 

fifteen  hundred  dollars,  that  shall  have  been  set  apart  by  the 
trustees  of  a  public  high  school  of  the  first  class  or  of  the  second 
class,  the  establishment  of  which  is  herein  authorized,  or  any 
such  high  school  that  has  already  been  established  in  either  a 
common  school  district  or  an  independent  district,  for  establish- 
ing, equipping  and  maintainng  a  department  of  agriculture;  an 
amount  of  not  less  than  five  hundred  dollars,  nor  more  than  one 
thousand  dollars,  that  shall  have  been  set  apart  by  the  trustees 
of  any  such  high  school  for  establishing,  equipping  and  maintain- 
ing a  department  of  domestic  economy ;  and  an  amount  of  not 
less  than  five  hundred  dollars,  nor  more  than  one  thousand  dol- 
lars, that  shall  have  been  set  apart  by  the  trustees  of  any  such  high 
school  for  establishing,  equipping  and  maintaining  a  department 
of  manual  training;  an  amount  of  not  less  than  five  hundred 
dollars,  nor  more  than  one  thousand  dollars,  that  shall  have  been 
set  apart  by  the  trustees  of  a  public  high  school  of  the  third  class 
in  a  common  school  district  for  establishing,  equipping  and  main- 
taining a  department  of  agriculture;  provided,  that  not  more 
than  two  thousand  dollars  shall  be  appropriated  by  the  State  Board 
of  Education  for  the  purpose  mentioned  to  any  one  high  school 
during  the  same  scholastic  year;  and  provided  further,  that  such 
appropriation  shall  not  be  made  more  than  twice  to  the  same 
school.  The  board  of  trustees  of  the  high  school  applying  for 
state  aid  for  establishing,  equipping  and  maintaining  a  depart- 
ment of  agriculture,  domestic  economy  or  manual  training,  shall 
provide  ample  room  and  laboratories  for  the  teaching  of  each  sub- 
ject or  subjects,  and  in  connection  with  the  department  of  agri- 
culture in  the  high  school,  shall  provide  a  tract  of  land,  conven- 
iently located,  which  shall  be  sufficiently  large  and  well  adapted 
to  the  production  of  farm  and  garden  plants,  and  shall  employ 
a  teacher  who  has  received  special  training  for  giving  efficient  in- 
struction in  the  subject."40 

SELECTION  AND  ADOPTION  OF  TEXTBOOKS. 

Other  means  of  state  control  of  elementary  and  secondary 
education  should  be  referred  to  in  this  connection.  These,  while 
not  made  a  special  study  here,  yet  because  of  their  decided  influ- 
ence, must  be  briefly  considered.  The  selection  and  adoption  of 
textbooks  has  no  small  influence  on  the  effectiveness  of  any  sys- 
tem of  schools.  Every  state,  with  the  exception  of  Alabama, 
which  allows  county  option  in  this  matter,  prescribes  some  sort  of 
uniformity.  Twenty  states41  prescribe  district,  town,  or  township 


40  Texa.=,   Sch.  L.  '13,  p.   56,   sec.   141. 

41  Ark.,    Col.,    Conn.,    111.,    la.,    Me.,    Mass.,    Mich.,    Minn.,    Nev.,    N.    H., 
N.    J.,   N.   Y.,   N.   Dak.,   O.,   Pa.,  R.    I.,  Vt,  Wis., 


52  STATE  CONTROL  OF  INSTRUCTION 

uniformity,  eight42  county  uniformity,  thirteen43  state  uniformity. 
Where  the  district,  town  or  township  system  prevails,  the  local 
boards  select  the  books.  In  New  York,  the  voters  in  the  annual 
meeting  perform  this  duty.  Ohio  limits  the  district  board  in  its 
selection  to  a  list  prepared  by  the  state  textbook  commission, 
while  in  Wyoming,  the  state  superintendent  procures  samples  and 
quotations  of  prices  for  the  benefit  of  local  boards.  Of  the  states 
having  county  uniformity,  four  have  special  textbook  boards;  in 
the  others,  the  selection  of  textbooks  is  a  function  of  the  county 
board  of  education.  Of  the  states  requiring  state  uniformity,  one- 
half  have  special  textbook  boards,  while  in  the  rest,  the  textbook 
question  is  settled  by  the  state  board  of  education.  California  pub- 
lishes its  own  textbooks  for  elementary  schools,  but  has  discon- 
tinued the  practice  of  employing  local  educators  to  compile  such 
books.  Similar  publication  under  contract  is  authorized  by  law 
in  Kansas,  Indiana,  South  Dakota,  Texas  and  Tennessee.44 

EXAMINATION  AND  CERTIFICATION  OF  TEACHERS. 

Another  very  important  means  of  state  control  of  elementary, 
as  well  as  secondary  education,  is  the  preparation,  examination, 
and  certification  of  teachers.  That  the  efficiency  of  any  school 
is  directly  dependent  on  the  fitness  of  the  teacher  for  his  work  is 
self-evident,  and  hence  the  efforts  being  made  for  the  professional 
education  and  training  of  teachers  represents  one  of  the  most 
significant  phases  of  educational  development.  The  organization 
and  improvement  of  departments  and  schools  of  education  in  uni- 
versities and  colleges,  state  and  city  normal  schools,  training 
schools,  teachers'  institutes,  and  summer  schools  are  all  indicative 
of  the  greater  and  greater  attention  that  the  academic  and  profes- 
sional preparation  of  teachers  is  receiving.  The  very  presence  of 
these  agencies  and  their  increasing  activity  is  evidence  of  the  de- 
mand for  better  qualified  teachers. 

"In  all  grades  of  public  schools  the  greatest  demand  of  the 
present  is  for  more  and  better  qualified  teachers.  The  demand  for 
qualified  teachers  in  villages  and  cities  has  in  the  great  majority 
of  states  greatly  exceeded  the  supply  of  graduates  from  the  nor- 


42  Fla.,    Ga.,    Ky.,   Md.,    Miss.,    N.    C.,    S.    Dak.,    W.   Va. 

43  Oal.,  Del.,  Ida.,  Ind.,  Kan.,  La,,  Mo.,  Mon.,  Nev.,  Ore.,  S.  C.,  Utah,  Va, 

44  Dexter:   History  of  Education   in   the   U.    S.,   p.    219. 


SECONDARY  EDUCATION  53 

mal  schools    and  other    schools    for  the   professional  training   of 
teachers."4-: 

One  of  the  most  interesting  phases  of  legislative  activity  is 
that  pertaining  to  the  professional  education  and  training  of 
teachers."  Two  tendencies  in  this  are  plainly  recognizable:  the 
gradual  raising  of  the  standard  of  academic  and  professional  re- 
quirements for  certification  and  the  centralization  of  this  certifica- 
tion in  state  authorities.  More  and  more  this  power  is  being  with- 
drawn from  county  officers  and  boards  and  vested  in  state  officials. 

"Each  year  the  legislative  evidence  becomes  plainer  that  the 
control  and  regulation  of  the  examination  and  certification  of 
teachers  entirely  by  the  state  is  to  become  a  settled  principle  of 
American  school  administration  and  supervision.."46 

CENTRALIZATION  OF  CONTROL. 

Though  it  is  thus  fully  apparent  that  the  state  is  exercising 
an  increasing  control  over  high  school  curricula,  much  is  left  to 
local  communities  to  make  the  same  effective.    State  control,  how-    ^r 
ever,  does  not  mean  necessarily  lack  of  local  freedom.     Thus,  in  * 
Minnesota,  the  high  schools  are  remarkably  free  to  frame  their 
own  courses  of  study. 

"The  only  rule  of  the  High  School  Board  relative  to  courses 
of  study  is  one  requiring  four  years  of  English  and  twelve  other 
credits — in  all,  sixteen  credits  for  graduation.  A  credit  is  defined 
as  a  subject  pursued  as  one  of  four  for  a  year.  The  make-up  of 
this  list  of  twelve  credits  is  left  entirely  to  the  superintendent,  act- 
ing under  direction  of  the  local  board  of  education.  The  State 
University  requires  candidates  to  present  four  credits  in  English, 
two  and  one-half  credits  in  mathematics,  and  eight  and  one-half 
other  credits  chosen  from  a  long  list — in  all  fifteen  credits.  The 
difference  of  one  credit  between  the  University  and  state  stand- 
ards enables  the  high  schools  to  fill  in  the  sixteenth  credit  with 
any  subject  for  which  there  may  be  local  or  temporary  demand. 
In'this  way  many  schools  are  able  to  offer  college  preparatory  stu- 
dents advanced  work  in  the  history  of  English  literature,  book- 
keeping, commercial  arithmetic,  senior  common  branches,  manual 
training,  drawing  and  many  other  subjects."47 


45  State   School   Systems,   Bulletin  No.   7,   p.   174. 
4ft  State   School   Systems,   Bulletin  No.   3,   p.   69. 

4- Alton:    Standards    of    Graduation.      Biennial    Report    of    the    Super- 
intendent  of   Public   Instruction   of   Minnesota,    1907   and   1908. 


54  STATE  CONTROL  OF  INSTRUCTION 

That  the  tendency,  however,  is  toward  state  control  in  secon- 
dary education  is  evident.  The  entire  foregoing  consideration 
substantiates  this.  It  has  been  found  necessary  on  the  part  of  the 
state,  in  order  to  induce  the  various  localities  to  make  the  most 
of  their  opportunities,  to  exercise  increasing  control  over  the 
various  educational  forces,  in  order  that  such  secondary  schools 
may  be  maintained  as  will  best  meet  the  needs  of  all  concerned. 


FOREIGN  LANGUAGE  INSTRUCTION  55 


CHAPTER  IV. 

FOREIGN  LANGUAGE  INSTRUCTION. 
LANGUAGE  A  VEHICLE  OF  THOUGHT  AND  EXPRESSION. 

Language  and  literature  have,  with  all  civilized  people,  held 
a  prominent  place  in  education.  While  there  may  be  human  in- 
telligence independent  of  language,  there  cannot  be  any  progress 
beyond  a  very  rudimentary  stage  without  adequate  means  of  ex- 
pression.1 Without  it  human  thought  is  barely  possible2  and  sin- 
gularly limited  in  its  scope.  It  is  the  mold  which  the  product  of 
mind  assumes  to  become  valuable  and  significant  for  other  minds. 
As  mind  grows  only  through  its  own  self-activity,  the  key  to  the 
world  of  thought  and  fancy  and  imagination  which  language 
symbolizes  lies  in  the  vital  experience  of  the  conscious  mind.  This 


1  "Language    and    ideational    processes    developed     together     and     are 
necessary   to   each   other."' — Judd:    Psychology,    p.    253. 

"In  all  cases  where  the  intellectual  processes  issue  in  the  forma- 
tion of  genuine-  conception,  it  is  the  giving  of  a  name  which,  on  the  one 
hand,  so  fixes  for  the  individual  using  it  the  mental  act  of  synthesis 
as  to  make  its  result  capable  of  recall,  and,  on  the  other  hand,  serves 
as  the  means  of  awakening  corresponding  intellectual  processes  in 
others.  But  this  is  the  same  thing  as  to  say:  The  name  is  the  sup- 
port and  the  vehicle  of  the  conception.  If  we  raise  the  question  as 
to  how  the  name  thus  operates,  we  can  answer  it  psychologically  only 
by  rehearsing  the  same  mental  processes  which  terminate  in  giving  the 
name,  and  which  are  reproduced  by  thinking  out  the  meaning  of  the 
name.  For  human  beings  who  are  capable  of  learning  to  speak,  and 
who  have  actually  learned  to  speak,  words  are  the  indispensable  sup- 
port and  vehicle  of  their  truly  conceptual  thinking.  Without  words, 
thinking  lapses  into  a  mere  succession  of  acts  of  image  making;  or  else 
it  awkwardly  strives  to  substitute  for  its  natural  facile  correlate  some 
other  form  of  motor  activity.  That  is  to  say,  without  words  thinking 
either  ceases  to  be  thinking,  or  else  it  adopts  some  other  less  useful 
form  of  movable  type." — Ladd:  Psychology,  Descriptive  and  Explan- 
atory, p.  457. 

2  "Language  is   to  the     mind     precisely     what     the     arch   is     to     the 
tunnel;    the    power    of    thinking    and    the    power    of    excavation    are    not 
dependent  on  the  word  in  one  case  or  on  the  mason  work  in   the  other; 
but  without   these  subsidiaries,   neither   process   could    be   carried   beyond 
its    rudimentary     commencement." — Sir    Wm.    Hamilton:     Logic,     Lecture 
VIII. 


56  STATE  CONTROL  OF  INSTRUCTION 

world  will  be  found  full  and  rich  in  meaning  as  the  acquired  ver- 
nacular has  become  vitalized  in  living,  conscious  experience.3 

LANGUAGE  A  UNIFYING  FORCE.  •  • 

But  not  only  because  of  its  significance  to  the  individual,  but 
because  of  its  value  to  society  and  to  the  state,  is  the  mother 
tongue  of  supreme  moment.  Speech  is  the  condition  of  social 
intercourse,  the  means  that  makes  possible  human  organizations. 
Through  language  the  individual  shares  in  the  life  of  the  com- 
munity and  participates  in  the  interchange  of  thought  and  feel- 
ing that  forms  the  social  mind.  Language  belongs  to  the  com- 
munity not  to  the  race.  The  members  of  the  community  may  owe 
their  .origin  to  different  tribes  and  races.  Community  of  speech 
carries  with  it  community  of  culture,  and  identity  of  language 
and  culture  tends  to  create  race  identity.  This  is  an  easily  rec- 
ognized fact  in  the  history  of  nations.  The  German  empire  may 
be  said  to  owe  its  growth  and  strength  to  this  measure.  That  a 
common  language  is  considered  a  strong  unifying  force  is  shown, 
today,  in  the  policy  of  Russia  toward  Poland.4  When  the  latter 
came  under  the  control  of  the  former,  the  Russian  language  was 
made  the  language  of  the  schools,  as  well  as  of  all  governmental 
and  official  relations,  and  to  this  day  every  possible  advantage  is 
accorded  the  Russian  language,  while  every  obstacle  is  placed  in 
the  way  of  the  Polish.  In  the  Russianizing  of  Finland'"'  a  like 
policy  is  followed,  and  Germany  pursues  a  similar  course  in  refer- 


3  "Mind  grows  only  in  so  far  as  it  finds  expression  for  itself;  it  can- 
not find  it  through  a  foreign  tongue.  It  is  round  the  language  learned 
at  the  mother's  knee  that  the  whole  life  of  feeling,  emotion,  thouglxt. 
gathers.  If  it  were  possible  for  a  child  or  boy  to  live  in  two  languages 
at  once  equally  well,  so  much  the  worse  for  him.  His  intellectual  and 
spiritual  growth  would  not  thereby  be  doubled,  but  halved.  Unity  of 
mind  and  character  would  have  great  difficulty  in  asserting  itself  in 
such  circumstances.  Language,  remember,  is  at  best  only  symbolic  of 
a  world  of  consciousness,  and  almost  every  word  is  rich  in  unexpressed 
associations  of  experience  which  give  it  its  full  value  for  the  life  of 
mind.  Subtleties  and  delicacies  and  refinements  of  feeling  and  percep- 
ton  are,  at  best,  only  suggested  by  the  words  we  use  and  by  their  con- 
text. The  major  part  lies  deep  in  our  conscious  or  half-conscious  life, 
and  is  the  source  of  the  tone  and  color  of  language  and  of  its  wide- 
reaching  unexpressed  relations.  Words,  accordingly,  must  be  steeped 
in  life  to  be  living;  and  as  we  have  not  two  lives,  but  only  one,  so  we 
can  have  only  one  language." — Laurie:  Lectures  on  Language  and 
Linguistic  Method  in  the  School,  4th  edition,  pp.  18,  19. 

•1  A  History  of  All  Nations,   vol.   XIX,  p.   78. 

•••  A  History  of  All  Nations,   vol.   XX,   p.    252. 


FOREIGN  LANGUAGE  INSTRUCTION  57 

ence  to  the  German  language  in  Alsace  Lorraine0  and  Prussian 
Poland.  While  these  countries  are,  probably,  not  achieving  from 
their  policies  what  was  expected,  because  of  the  objectionable 
way  in  which  the  Russian  and  German  languages  have  been 
forced  upon  their  dependencies,  calling  forth  race  prejudice, 
nevertheless  it  is  one  of  the  chief  agencies  upon  which  they  are 
relying  for  final  assimilation. 

\Ylien  the  Philippines  came  into  the  possession  of  the  United 
States,  one  of  the  first  things  done  by  the  government  was  the 
establishment  of  a  system  of  education.  Not  only  was  a  promin- 
ent place  assigned  to  English,  but  it  was  made  the  medium  of  all 
instruction.  Similar  steps  were  taken  with  reference  to  Porto 
Rico  to  transplant  the  free  American  Public  School  to  that  tropi- 
cal land. 

In  a  country  like  the  United  States,  where  people  have 
gathered  from  every  land  and  clime,  bringing  with  them  differ- 
ent interests,  different  social  and  political  traditions,  the  subject 
of  foreign  language  instruction  has  necessarily  received  greater 
or  less  attention.  From  1821  to  1903,  the  total  number  of  immi- 
grants that  came  into  the  United  States  aggregated  21,265,723,7 
equal  to  one-fourth  of  the  present  population  of  the  entire  coun- 
try. This  immense  influx  of  population  included  almost  every  na- 
tionality under  the  sun.  Of  this  immigration,  Germany  furnished 
24%  ;  Ireland,  19%  ;  England,  Scotland  and  Wales,  13%  ;  Aus- 
tria Hungary,  Italy,  and  Russia  and  Poland,  21%.  What  shall 
be  the  language  that  the  schools  shall  foster?  Shall  the  people 
ultimately  speak  one  tongue  or  many  tongues?  Shall  their  main 
interest  lie  in  the  English  language,  or  shall  each  nationality  mag- 
nify the  importance  of  its  own  native  tongue  and  perpetuate  the 
ideas  and  tendencies  peculiar  to  its  own  native  source?  In  or-  » 
der  that  a  nation  composed  of  so  many  different  races  may  main- 
tain its  integrity,  every  influence  must  prevail  that  will  conduce 
to  the  making  of  a  homogeneous,  rather  than  a  heterogeneous, 
people.8 


e  A  History  of  All  Nations,  vol.  XIX,  p.  399. 

r  Emigration  to  the  U.  S.,  1904,  Special  Consular  Reports,  vol.  XXX, 
p.  ix. 

s  "The  public  school  system  has  a  great  Americanizing  influence  on 
foreigners.  The  difficulty  of  assimilating  so  many  different  foreign 


58  STATE  CONTROL  OF  INSTRUCTION 

elements  and  so  many  persons  of  foreign  birth  is  lessened  through  the 
public  school,  for  the  children  coming  to  this  country,  and  those  of 
foreign  born  parents,  must,  in  order  to  meet  with  fair  success,  learn  the 
principles  of  American  institutions  and  the  English  language,  and  secure 
the  training  of  the  public  schools;  without  these  schools  there  would 
be  in  America  groups  or  communities  of  persons  of  different  nation- 
alities, preserving  their  own  language  and  racial  characteristics.  This 
would  weaken  republican  institutions,  and  make  the  question  of 
immigration  far  more  difficult  than  at  present.  Notwithstanding  the 
great  influence  of  the  public  schools,  however,  such  communities  exist 
in  small  degree,  but  they  gradually  lose  their  importance.  The  great 
watchword  of  America  is  that  all  persons  here  must  become  Americans." 
— Wright:  Practical  Sociology,  p.  185. 

"In  America,  on  the  other  hand,  we  have  attempted  to  unite  all 
races  in  one  commonwealth  and  one  elective  government.  "We  have, 
indeed,  a  most  notable  advantage  compared  with  other  countries,  where 
race  divisions'  have  undermined  democracy.  A  single  language  became 
dominant  from  the  time  of  the  earliest  permanent  settlement,  and  all 
subsequent  races  and  languages  must  adopt  the  established  medium. 
This  is  essential,  for  it  is  not  physical  amalgamation  that  unites  man- 
kind; it  is  mental  community.  To  be  great,  a  nation  need  not  be  of  one 
blood,  it  must  be  of  one  mind.  ...  If  we  think  together,  we  can 
act  together,  and  the  organ  of  common  thought  and  action  is  common 
language." — Commons:  Races  and  Immigrants  in  America,  p.  20. 

"Just  as  the  use  of  Latin  and  of  the  Vulgate  maintained  a  sort  of 
unity  among  Christian  nations  and  races,  even  in  darkest  and  most 
turbulent  centuries  of  the  Middle  Ages,  so  the  use  of  Latin  and  Greek 
throughout  the  whole  Roman  Empire  powerfully  tended  to  draw  its 
parts  together." — Bryce:  Studies  in  History  and  Jurisprudence,  p.  60. 

"Language  is  at  once  the  bond  and  creation  of  society,  the  symbol 
and  token  of  the  boundary  between  man  and  brute." 

"Language  is  a  social  product,  at  once  the  creation  and  the  creator 
of  society." — >Sayce:  Introduction  to  the  Science  of  Language,  pp.  2,  133. 

"German  and  Dutch  and  Celtic  forefathers  combine  to  form  the 
giant  family  of  the  United  States;  but  there  is  one  cause  forever  at 
work  to  cement  all  these  varieties  of  origin  and  to  compel  the  American 
people,  as  a  whole,  to  be  proud  as  we  are  of  their  affinity  with  the 
English  race.  What  is  the  cause?  What  is  that  agency?  Is  it  not  that 
of  one  language  in  common  between  the  two  nations?  It  is  in  the  same 
mother  tongue  their  poets  must  sing,  that  their  philosophers  must  rea- 
son, that  their  orators  must  argue  upon  truth  or  contend  for  power.  I 
see  before  me  a  distinguished  guest,  distinguished  for  the  manner  in 
which  he  has  brought  together  all  that  is  most  modern  in  sentiment 
with  all  that  is  most  scholastic  in  thought  and  language;  permit  me  to 
say,  Mr.  Mathew  Arnold.  I  appeal  to  him  if  I  am  not  right  when  I 
slay  that  it  is  by  a  language  in  common  that  all  differences  of  origin 
sooner  or  later  we  are  welded  together — that  Etruscans,  and  Sabines, 
and  Oscans,  and  Romans,  became  one  family  as  Latins  once,  as  Italians 
now?  Before  that  agency  of  one  language  in  common  have  not  all  dif- 
ferences of  ancestral  origin  in  England,  between  Britons,  Saxons,  D'anes 
and  Normans,  melted  away;  and  must  not  all  similar  differences  equally 
melt  away  in  the  nurseries  of  American  mothers,  extracting  the  earliest 
lessons  of  their  children  from  our  own  English  Bible,  or  in  the  schools 
of  preceptors  who  must  resort  to  the  same  models  of  language  when- 
ever they  bid  their  pupils  rival  the  prose  of  Macaulay  and  Prescott,  or 
emulate  the  verse  of  Tennyson  and  Longfellow?" — Bulwer-Lytton:  Fare- 
well to  Charles  Dickens.  Modern  Eloquence,  vol.  II,  p.  776. 


FOREIGN  LANGUAGE  INSTRUCTION  5<) 

The  problem  of  assimilation  in  the  United  States  has  become 
more  difficult  through  the  massing  of  immigrants  in  nationalities. 
Foreign  language  instruction  is  naturally  of  special  interest  to 
such  localities.  That,  e.  g.,  the  Germans  of  Pennsylvania,  and 
in  such  cities  as  Milwaukee  and  Cincinnati,  the  French  in  Lou- 
isiana, or  the  Spanish  in  New  Mexico  should  look  with  special 
favor  upon  their  mother  tongue  would  naturally  be  expected. 
During  the  past  fifteen  years,  too,  the  character  of  our  immi- 
grants has  decidedly  changed.  Instead  of  the  Teutons  and  Celts, 
there  come  to  the  United  States  today  the  emigrants  from  south- 
ern and  eastern  Europe. 

"Of  the  total  immigration  in  1903,  Germany  anc1  the  United 
Kingdom  furnished  only  12  per  cent,  while  Austria-Hungary, 
Italy,  and  Russia  and  Poland  furnished  68  per  cent." 

Instead  of  going  to  sections  where  labor  is  needed  and  be- 
coming diffused  over  this  extensive  country,  they  flock  to  the 
larger  cities,  there  to  form  "little  Italics,  "little  Hungaries,"  "lit- 
tle Germanics,"  "Lyrian  colonies,"  and  "Jewish  colonies."  Thus 
separated  from  American  influence,  instead  of  becoming  assimi- 
lated, they  perpetuate  that  ignorance  of  our  laws,  customs,  politi- 
cal and  moral  ideas,  that  constitutes  one  of  their  chief  dangers. 
The  greater  the  number  of  points  of  contact  between  different 
races  the  more  rapid  will  be  the  assimilation.  Any  institution  or 
instrumentality  whatsoever,  whose  purpose  it  is  to  keep  alive  and 
prosper  the  characteristics  peculiar  to  a  particular  foreign  race 
and  not  in  the  interest  of  the  whole  people,  will  but  delay  this 
process  of  assimilation,  without  which  modern  nations  as  they 
exist  today  would  be  impossible.  It  is  here  that  parochial  and 
private  schools,  whatever  valuable  function  they  may  perform,  in 
so  far  as  a  foreign  tongue,  whether  German,  or  French,  or  Polish, 
or  what  not,  is  made  the  basis  of  instruction,  thus  giving  a  for- 
eign rather  than  an  American  education,  may  be  a  detriment  to 
the  nation,  as  well  as  a  real  harm  to  the  community  whose  pro- 
gress they  retard. 

Hence,  it  follows  that  in  the  United  States,  the  English  lang- 
uage must  hold  a  pre-eminent  place  in  any  system  of  education.9 

9  "Language  and  literature  are  not  merely  liberalizing,  they  are 
humanizing-  studies.  Through  the  humanity  in  them  we  realize  our 
own  individual  human  capacities.  Now  the  language  and  literature 
which  best  serve  this  ultimate  end  of  self  realization  are  our  own. 
Consequently,  the  vernacular  is  the  beginning  and  the  end  of  a  liberal 
education.  The  Greeks,  to  whom  we  owe  our  ideal  of  culture,  knew  no 
language  but  their  own.  But  the  minds  of  Greek  school  boys  were 
steeped  in  their  own  noble  literature.  For  our  youth,  too,  I  conceive 
that  the  essential  and  indispensable  element  in  a  generous  culture  is 
the  English  language  and  literature." — Schurman:  The  Report  on  Sec- 
ondary School  Studies.  The  School  Review,  vol.  II,  p.  93. 


60  STATE  CONTROL  OF  INSTRUCTION 

The  immigrant,  however  much  he  may  prize  his  native  tongue, 
must  for  the  sake  of  the  nation,  as  well  as  for  personal  and  social 
interests,  become  Americanized.  He  must  accept  the  language 
of  his  adopted  country,  and  he  may  well  consider  himself  fortu- 
nate that  this  is  the  English  language,  the  language  so  rich  in  cul- 
ture, so  full  of  the  best  of  human  thought  and  feeling,  the  lan- 
guage of  Chaucer,  of  Milton,  and  of  Shakespeare. 

VALUE  OF  FOREIGN  LANGUAGE  STUDY. 

While  English  must  thus  receive  so  much  attention  in  our 
educational  regimes,  the  foreign  languages  are  of  no  mean  value 
in  education,  though  subordinate  to  that  of  the  mother  tongue. 
The  close  affinity  between  them  and  the  English  language  makes 
some  acquaintance  with  the  former  almost  a  necessity  for  a  clear 
understanding  and  full  appreciation  of  the  latter.10  For  advanced 
scholarship,  they  open  up  new  avenues  of  approach  and  consti- 
tute an  indispensible  condition  for  research  in  many  fields  of 
work.  The  chief  consideration  in  regard  to  the  modern  lang- 
uages, where  taught  in  the  elementary  schools,  is  doubtless  their 
commercial  and  social  value.  That  this  end  is  realized  is  much  to 
be  doubted.  Inasmuch  as  a  foreign  tongue  may  only  be  studied 
as  a  subject  of  study  (see  succeeding  pages  of  this  chapter),  the 
actual  work  done  can  be  but  very  elementary. 

"It  is  not  worth  while,  as  a  rule,  that  the  study  of  a  foreign 
language  be  taken  up  in  the  primary  grades  (grades  below  the 
high  school),  unless  the  beginner  has  at  least  a  prospect  and  an 
intention  of  going  on  through  the  secondary  school.  The  reason 
for  this  opinion  is  that  what  can  be  acquired  of  a  foreign  lan- 
guage in  the  primary  grades,  even  with  the  best  of  teaching,  and 
under  the  most  favorable  conditions,  is  good  for  nothing  except 
as  a  foundation.  For  while  it  is  true  that  children  learn  quickly 
and  easily  the  rudiments  of  'conversation'  in  a  foreign  tongue, 
it  is  also  true  that  they  forget  them  no  less  quickly  and  easily. 
The  children  of  parents  who  speak  German  at  home,  and  expect 
to  speak  it  more  or  less  all  their  lives,  may  be  taught  in  the  pri- 
mary school  to  use  the  language  a  little  more  correctly ;  but  if  they 

30  "To  the  mother  tongue,  then,  all  other  tongues  we  acquire  are 
merely  subsidiary;  and  not  to  speak  here  of  the  introduction  these 
languages  give  us  to  other  literatures,  their  chief  value  in  the  educa- 
tion of  youth  is  that  they  help  to  bring  into  relief  for  us  the  character 
of  our  oWn  language  as  a  logical  medium  of  thinking,  or  help  us  to 
understand  it  as  thought,  or  to  feel  it  as  literary  art." — Laurie:  Lec- 
tures on  Language  and  Linguistic  Method  in  the  School,  p.  19. 


FOREIGN  LANGUAGE  INSTRUCTION  61 

leave  school  at  the  age  of  twelve  or  fourteen,  they  inevitably  drop 
hack  into  the  speech  habits  of  those  with  whom  they  associate,  and 
their  school  training  thus  becomes,  so  far  as  the  German  lan- 
guage is  concerned,  a  reminiscence  of  time  wasted.  The  children 
of  parents  who  speak  English  at  home  may  get  a  smattering  of 
German  at  school;  but  if  they  leave  school  at  the  age  of  twelve 
or  fourteen,  they  soon  forget  all  they  have  learned."11 

In  the  high  school,  foreign  language,  especially  Latin,  has 
usually  been  assigned  a  prominent  place  in  the  curriculum.  In 
former  days,  the  presence  of  Latin  was  doubtless  largely  due  to 
tradition.  Today,  aside  from  the  disciplinary  and  liberalizing 
value  claimed  for  foreign  language  study,  French  and  German 
serve  the  purpose  of  preparation  for  intellectual  pursuits,  as  well 
as  a  useful  acquisition  for  business  and  travel.  To  what  extent 
these  values  can  and  are  realized  is  open  to  debate.  This  is  a 
question  of  educational  values.  With  the  change  of  view  on  this 
subject  and  the  gradual  disappearnce  of  the  theory  of  formal  dis- 
cipline, foreign  language  will  in  the  future,  doubtless,  be  assigned 
a  less  prominent  place. 

FOREIGN  LANGUAGE  As  A  MEDIUM  OF  INSTRUCTION. 

The  control  exercised  over  foreign  language  instruction  by 
the  various  states  in  their  constitutions  and  laws  is  evidently  such 
as  the  interests  of  the  state  and  local  conditions  demand.  The 
study  of  language  may  be  considered  from  two  standpoints,  as  a 
medium  of  instruction  and  as  a  subject  of  instruction.  As  to  the 
former,  three  states12  in  their  constitutions  and  fourteen  others13 
in  their  laws  (also  Louisiana,  by. implication)  make  it  mandatory 
that  all  instruction  shall  be  in  the  English  language,  while  two14 
permit  the  use  of  a  foreign  tongue  under  certain  conditions. 

The  statutes  of  Colorado  provide: 

"Whenever  the  parents  or  guardians  of  twenty  or  more  chil- 
dren of  school  age  shall  so  demand,  the  board  of  such  school  dis- 


11  Report  of  the  Committee  of  Twelve  of  the  Modern  Language 
Association  of  America,  Proceedings  N.  B.  A.,  '99,  p.  727. 

i2Ga.   art.   8,   sec.    1;   La.   art.    251;   Mich.  art.   XIII,   sec.    4. 

is  Ariz.,  L.  '12,  p.  32,  sec.  73;  Gal.,  L*  '13,  p.  82,  sec.  1664;  Col., 
L.  '14,  p.  133,  sec.  239;  Hawaii,  L.  '11,  p.  11,  sec.  29;  Ind.,  L.  '11,  p.  108, 
sec.  123;  Iowa,  L.  '11,  p.  31,  sec.  2749;  Kan.,  L.  '11,  p.  70,  sec.  162;  La., 
D.  '12,  p.  21,  sec.  16;  Minn.,  L.  '11,  p.  57,  sec.  148;  Mon.,  L.  '11.  p  122,  sec. 
912;  Ohio,  L.  '12,  p.  119,  sec.  7729;  Okla.,  L.  '12,  p.  17,  sec.  44;  N.  Dak., 
L-.  '11,  p.  34,  sec.  93;  Tex.,  L.  '13,  p.  33,  sec.  79;  Wis..  L* '11,  p.  112.  sec.  447. 

it  Col.,  La. 


62  STATE  CONTROL  OF  INSTRUCTION 

trict  may  procure  efficient  instructors  and  introduce  the  German 
and  Spanish  languages,  or  either  of  them,  and  gymnastics,  as  a 
branch  of  study  into  such  school ;  and  said  district  board  may  up- 
on like  demand  of  the  parents  and  guardians  of  children  of  school 
age,  procure  efficient  instructors  to  teach  the  branches  specified 
in  said  section  fifteen,  in  the  German  and  Spanish  languages,  or 
in  either  of  said  languages,  as  said  board  may  direct."1 

The  branches  here  referred  to  are  the  regular  branches  of 
the  common  school  course.  The  Louisiana  school  code,  after 
enumerating  the  branches  of  study,  stipulates : 

"Provided,  that  these  elementary  branches  may  also  be  taught 
in  the  French  language  in  those  localities  where  the  French 
language  is  spoken;  but  no  additional  expense  shall  be  incurred 
lor  this  cause."16 

The  intention  evidently  is  to  make  the  instruction,  as  far  as 
law  can  do  it,  English,  in  the  interests  of  the  individual  as  well 
as  of  the  state  and  of  the  nation. 

Thai  this  is  a  question  of  English  as  a  means  of  instruction 
rather  than  a  prohibition  of  a  foreign  language  as  a  subject  of 
study  has  been  tried  in  the  courts  and  fully  established.  In  Michi- 
gan, one  of  the  states  whose  constitution  requires  instruction  to 
be  in  English,  the  judgment  was  rendered,  in  1874,  in  the  famous 
Kalamazoo  case,  in  which  a  judicial  determination  was  sought  as 
to  the  right  of  school  authorities  to  levy  taxes  upon  the  general 
public  for  the  support  of  high  schools  and  for  the  instruction  of 
children  in  other  languages  than  the  English,  that  there  was  noth- 
ing, either  in  the  state  policy,  or  in  the  constitution,  or  in  the 
statutes,  restricting  the  primary  school  districts  of  the  state  in  the 
branches  of  knowledge  to  be  taught,  or  in  the  grade  of  instruc- 
tion to  be  given,  or  prevent  instruction  in  the  classics  and  living 
modern  languages  in  these  schools,  if  the  voters  of  the  district 
consent  in  regular  form  to  bear  the  expense,  and  raise  the  taxes 
for  this  purpose.17 

While  in  a  few  states,  in  some  localities,  a  foreign  tongue 
inay  have  been  used  as  a  means  of  instruction,  such  practice  was 
but  temporary,  in  the  interest  of  these  places  inhabited  wholly  by 
non-English  speaking  people,  and  the  tendency  is  to  discontinue 


15  Colorado,   Sch.   L.   '14,   p.   133,   sec.   239. 

16  Louisiana,   Sch.   L.   '12,   p.   21,   sec.   16. 

IT  Stuart  v.  School     Dis/t.  No.    1     of     the     village     of     Kalamazoo,   30 
Mich.,    69. 


FOREIGN  LANGUAGE  INSTRUCTION  63 

such  use.18  This  view  seems  furthermore  to  be  borne  out  by  re- 
cent legislation  in  Xew  Mexico.  Although  the  former  law  speci- 
fically provided  for  English  as  the  medium  of  instruction,  yet  a 
section10  pertaining  to  the  qualification  of  teachers  provided : 

""A  legally  qualified  teacher  to  teach  in  any  school  district  or 
incorporated  town  or  city  shall  be  one  who  possesses  a  certificate 
of  attendance  upon  some  county  or  city  normal  institute,  or  sum- 
mer school,  or  has  an  approved  excuse  for  non-attendance;  and 
in  school  districts  where  the  only  language  spoken  is  Spanish  the 
teacher  shall  hai'e  a  knowledge  of  both  Spanish  and  English." 

The  natural  inference  to  be  made  is  that  Spanish  was  to  be 
utilized  as  a  means  of  instruction.  A  law  passed  in  1907  re- 
pealed among  other  sections  the  one  above  mentioned.20 

FOREIGN  LANGUAGE  As  A  SUBJECT  OF  STUDY. 

In  regard  to  a  foreign  language  as  a  subject  of  study,  eleven 
states-1  explicitly  permit  it,  while  eighteen22  provide  for  the  ad- 
dition of  other  subjects  not  mentioned  in  the  law.  While  twenty- 
four23  are  silent  on  this  matter,  judicial  decisions  in  various  states 
have  established  the  principle  that  a  foreign  language  may  form 
a  branch  of  study  in  the  public  schools,  whether  specifically  enu- 
merated in  the  law  or  not.  A  recent  law  of  California  provides  for 
the  establishment  of  a  cosmopolitan  school  in  cities  of  the  first 
class. 


is  Information  recently  furnished  me  by  school  authorities  of  Col., 
La.,  N.  Mex.,  Pa.  and  Tex.  leads  to  this  conclusion. 

19  Sec.    1526,   R.   S.   1897. 

20  Ch.  XCVI,   Sec.   30,  Laws  of  1907. 

21  Col.,    Sch.    L.    '14,    p.    133,    sec.    239;   Hawaii,    Sch.   L.    '11,   p.    11,    sec. 
29;   Ind.,    Sch.   L.   '11,   p.    108,    sec.   123;   Iowa,   Sch.   L.   '11,   p.   31,    sec.   2749, 
La.,    Sch.    L.    '08,   p.    103,   sec.    212;   Mass.,    Sch.   L.   '11,   p.   17,   sec   1;   Minn., 
Sch.   L.   '11,   p.    57,   sec.   148;   Ohio,   Sch.   L.   '12,   p.   119,  sec.   7729,    Ore.,   Sch. 
L.   '11,  p.   89,   sec.    219;   Tex.,   Sch.   L.    '09,  p.   23,  sec.   79;  Wls.,   Sch.   L.  '11, 
p.    112,   sec.    447. 

22Cal.,  Sch.  L.  '13,  p.  82,  sec.  1666;  Conn.,  Sch.  L.  '12,  p.  17,  sec.  40; 
111.,  Sch.  L.  '12,  p.  55,  sec.  179;  Kan.,  Sch.  L.  '11,  p.  70,  sec.  162;  Me., 
Sch.  L.  '11,  p.  36,  sec.  100;  Mich.,  Sch.  L,,  '11,  p.  57,  sec.  4748;  Neb., 
Sch.  L.  '11,  p.  48,  sec.  3;  N.  H.,  Sch.  L.  '11,  p.  36,  92;  N.  C.,  Sch.  L.  '11. 
p.  26,  sec.  4087;  N.  Dak.,  Sch.  L.  '11,  p.  29,  sec.  75;  Ohio,  Sch.  L.  '12, 
p.  98,  sec.  7648;  Okla.,  Sch.  L.  '12,  p.  17,  sec.  44;  Pa.,  Sch.  L.  '13,  p.  91, 
stec.  1607;  S.  C.,  '12,  p.  17,  sec.  1731;  S.  Dak.,  Sch.  L.  '11,  p.  21,  sec. 
81;  Tex.,  Sch.  L.  '13,  p.  32,  sec.  78;  Va.,  Sch.  L.  '10,  p.  72,  sec.  84;  Wash., 
Sch.  L.  '13.  p.  49f  sec.  89. 

23  Ala.,  Ariz.,  Ark.,  Conn.,  Del.,  Fla.,  Ga.,  Ida,,  Ky.,  Md.,  Miss.,  Mo., 
Mon.,  N.  Mex.,  Nev.,  N.  H.,  N.  J.,  N.  Y.,  R.  L,  Tenn.,  Utah,  Vt.,  W.  Va., 
Wyo. 


64  STATE  CONTROL  OF  INSTRUCTION 

"The  board  of  education  in  every  city  of  the  first  class  shall 
establish  and  maintain  in  each  of  said  cities  of  the  first  class  at 
least  one  public  school  in  which  shall  be  taught  the  French,  Italian 
and  German  languages,  in  conjunction  with  the  studies  in  the 
English  language  prescribed  to  be  taught  by  section  1665  of  the 
Political  Code  of  the  State  of  California.  Such  schools  shall  be 
designated  as  cosmopoitan  schools,  and  shall  be  subject  to  such 
rules  and  regulations  as  may  be  prescribed  by  said  boards  of  edu- 
cation of  said  cities  of  the  first  class  wherein  said  school  or  schools 
shall  be  established  and  maintained."2* 

JUDICIAL  DECISIONS   REGARDING  FOREIGN   LANGUAGE   INSTRUC- 
TION. 

These  decisions  are  not  isolated  or  confined  to  one  state. 
Thus  among  others,  aside  from  the  Michigan  case  before  referred 
to,  establishing  the  right  of  the  study  of  the  classics  and  the  mod- 
ern languages  to  a  place  in  the  elementary  curriculum,-'"'  may  be 
mentioned  the  case  of  Xewman  v.  Thompson20  of  Kentucky,  in 
1887,  an  action  instituted  to  restrain  the  collection  of  a  tax  for 
the  maintenance  of  a  school  giving  instruction  in  the  higher 
branches  of  learning.  Although  the  law  of  the  state  is  silent  re- 
garding foreign  language  instruction,  the  judgment  was  rendered: 

"That  Latin  and  Greek  are  taught  in  the  school  is  not  in 
violation  of  the  act  under  which  this  tax  is  collected :  nor  is  the 
teaching  of  such  branches  of  learning  in  violation  of  the  common 
school  law  of  the  state." 

In  the  case  of  Powell  v.  Board  of  Education,  of  one  of  the 
school  districts  of  Illinois, -in  1881,  brought  by  a  number  of  tax 
payers  against  the  school  board  of  their  district  to  enjoin  alleged 
mis-appropriation  of  school  funds  for  the  study  of  German,  it  was 
affirmed  that : 

"While  the  medium  of  communication  must  be  the  English 
language,  the  teaching  of  the  modern  languages  is  not  pro- 
hibited."27 

In  September,  1875,  an  action  of  trespass  was  instituted 
against  the  directors  and  principal  of  the  school  of  one  of  the 
school  districts  in  Illinois,  for  expelling  a  girl  from  school  on  ac- 
count of  her  refusal  to  study  bookkeeping.  The  court  in  render- 


24Cal.    School   Law,    p.    83,    sec.    1665a. 

25  P.     62. 

26  Newman   v.   Thompson,    4    S.   W.,   341. 

2T  Powel   v.    Board   of   Education,    97   111.,   375. 


FOREIGN  LANGUAGE  INSTRUCTION 


ing  its  decision  declared  that  the  school  directors  had  power  to 
compel  the  teaching  of  other  and  higher  branches  than  those 
enumerated  in  the  law.28 

In  1883,  an  action  was  brought  against  the  directors  of  the 
St.  Louis  Public  Schools  to  restrain  the  board  from  expending  its 
funds  for  the  instruction  of  the  high  school  branches  of  study. 
The  court  affirmed  that  the  board  of  directors  has  control  over 
the  school  funds  unaccompanied  by  any  conditions  as  to  the  kind 
of  schools  which  it  should  maintain  or  the  character  and  nature 
of  the  studies  which  it  should  prescribe  or  allow,  and  that  the 
phrase  ''common  schools"  meant  "schools  open  and  public  to  all, 
rather  than  schools  of  any  definite  grade,"  and  that  the  term 
"common  school"  "by  and  of  itself  does  not  imply  a  restriction  to 
the  rudiments  of  an  education."29  In  McCormick  v.  Cora  Burt. 
in  1883,  brought  by  the  former  against  the  latter  and  the  school 
board  to  recover  damages  for  his  suspension  from  school  on  ac- 
count of  non-observance  of  a  rule  of  the  school,  it  was  held  : 

"What  rules  and  regulations  will  best  promote  the  interests 
of  the  school  under  their  immediate  control,  and  what  branches 
shall  be  taught,  what  textbooks  shall  be  used,  are  matters  left  to 
the  determination  of  the  directors,  and  must  be  settled  by  them 
from  the  best  lights  they  can  obtain  from  any  source,  keeping  al- 
ways in  view  the  highest  good  of  the  whole  school."30 

In  July,  1893,  there  was  tried  in  the  Kansas  courts  a  case 
involving  the  question  whether  any  power  existed  in  the  board  of 
education  to  maintain  a  high  school.  The  court  ruled  : 

"What  rules  and  regulations  may  best  promote  the  interest 
of  the  schools,  and  what  branches  shall  be  taught,  other  than 
those  expressly  prescribed  by  the  statute  for  all  school  districts. 
are  matters  left  to  the  determination  of  the  directors  of  the 
board."31 

While  the  welfare  of  those  interested  in  foreign  languages  is 
thus  guarded,  those  who  are  differently  inclined  are  no  less  cared 
for.  Legal  decisions  seem  to  assert  that  while  boards  of  educa- 
tion may  frame  courses  of  study,  they  cannot  compel  a  child  to 
study  any  particular  subject.  In  State  v.  School  District  No.  1 


ssRulison   v.   Frances   Post,    79   111.,    567. 

29  Roach    v.    the   Board   of   President    and   Directors    of   the    St.    Louis 
Public    Schools,    77    Mo.,    484. 

30  McCormick  v.    Cora  Burt,    95   111.,    263. 

si  Board    of   Education    of    the    City    of   Topeka    v.     R.    B.    Welch,     i 
Kan.,    792. 


66  STATE  CONTROL  OF  INSTRUCTION 

of  Dixon  County,32  in  1891,  a  case  instituted  because  of  the  ex- 
pulsion from  school  of  a  girl  for  her  refusal  to  study  grammar, 
the  court  affirmed  that  the  parent  had  a  right  to  make  a  reason- 
able selection  from  the  prescribed  studies  for  his  child  to  pursue, 
and  that  this  selection  must  be  respected  by  the  trusteess,  "as  the 
right  of  the  parent  in  that  regard  is  superior  to  that  of  the  trustees 
and  the  teacher/'  In  the  case  of  Rulison  v.  Post,33  before  referred 
to,  the  court  further  ruled  that  it  was  purely  optional  with  par- 
ents and  guardians  whether  the  children  under  their  charge 
should  study  a  certain  branch.  Similarly,  in  Morrow  v.  Wood,34 
in  1874,  where  the  real  point  at  issue  was  the  right  of  the  teacher 
to  compel  a  pupil  to  study  a  particular  branch,  the  Supreme 
Court  declared: 

"Certain  studies  are  required  to  be  taught  in  the  public 
schools  by  statute.  The  right  of  one  pupil  must  be  so  exercised, 
undoubtedly,  as  not  to  prejudice  the  equal  rights  of  others.  But 
the  parent  has  the  right  to  make  a  reasonable  selection  from  the 
prescribed  studies  for  his  child  to  pursue  and  this  cannot  possibly 
conflict  with  the  equal  rights  of  other  pupils." 

PUBLIC  SCHOOL  EDUCATION  MUST  BE  ENGLISH. 

From  the  foregoing  it  is  thus  evident  that  the  education  that 
the  various  states  demand  is  an  English35  education,  and  German, 

32  State  v.   School  Dist.   No.   1   of  Dixon  Co.,   31  Neb.,   552. 

33  Rulison   v.    Post,    79    111.,    567. 

34  Morrow  v.   Wood,   35  Wis.f   59. 

35  "It  were  vain   to   deny   that   true  and   high   culture   is   within   reach 
of  him  who   rightly  studies   the  English   language  alone,   knowing   naught 
of   any   other.      More   of   the   fruits   of  knowledge   are   deposited    in   it   and 
in   its    literature    than    one    man   can   make    his    own.      History   affords   at 
least    one    illustrious    example,    within    our    own    near    view,    of    a    people 
that    has    risen    to    the    loftiest    pinnacle    of     culture     with     no    aid     from 
linguistic    or   philological    study:    It    is    the    Greek   people.      The    elements, 
the    undeveloped   germs   of   the   Greek   civilization,    did-  indeed    come    from 
foreign    sources;    but    they    did    not    come    through    literature;    they    were 
gained   by   personal   intercourse.      To    the   true   Greek,   from    the  beginning 
to    the   end    of   Grecian    history,    every    tongue   save     his     own     was     bar- 
barous,   and    unworthy    of   his    attention;    he    learned    such,    if    he    learned 
them    at    all,    only    for    the   simplest   and     most    practical     ends    of    com- 
munication   with    their    speakers.      No     trace    of     Latin,    or     Hebrew,     or 
Egyptian,    or  Assyrian,    or    Sanskrit,    or   Chinese,   was   to   be   found   in   the 
curriculum    of    the    Athenian    student,    though    dim     intimations     of     val- 
uable knowledge  reached  by  some   of  those  nations,   of  noble  works    pro- 
duced by  them,   had   reached  his   ear.     What  the  ancient  Greek  could  do, 
let    it    not    be    said    that    the    modern    speaker   of   English,    with    a   tongue 
into   which   have  been  poured   the   treasures   of  all   literature  and  science, 
from   every   part   of   the   world,    and   from    times   far   beyond   the    dawn   of 
Grecian    history,     cannot    accomplish." — W.     D.     Whitney:     Language    and 
Education,    N.    A.    Rev.,    vol.    113,    p.    361. 


FOREIGN  LANGUAGE  INSTRUCTION  67 

French  or  Spanish,  where  permissible,  is  to  be  used  only  as  a 
means  to  this  end,  and  not  to  acquire  a  German  or  French  or 
Spanish  education.  This  view  is  emphasized  in  the  Wisconsin 
school  code  in  the  comment  on  the  section  permitting  the  teach- 
ing of  any  foreign  language  not  to  exceed  one  hour  a  day  to  such 
pupils  as  desire  it. 

''The  law  contemplates  instruction,  discipline  and  govern- 
ment of  such  character  as  to  prepare  the  young  to  discharge  their 
duties  as  citizens  of  a  country  in  which  the  English  language  is 
used  by  the  courts,  the  legislature  and  the  people.  To  carry  out 
this  provision  of  the  law,  section  449  provides:  'No  person  shall 
receive  any  certificate  who  does  not  write  and  speak  the  English 
language  with  facility  and  correctness."  Acquaintance  with  an- 
other language  may  aid  in  the  instruction  of  children  of  foreign 
birth,  or  parentage,  and  this  section  allows  one  hour  a  day  to  be 
given  to  instruction  in  a  foreign  language,  but  the  purpose  of  the 
provision  is  to  limit,  not  to  encourage  the  study  of  a  foreign  lang- 
uage in  a  common  public  school."36 

It  is  further  obvious  that  whether  a  foreign  language  shall 
be  a  branch  of  study  in  any  particular  school  has  been  left  to  the 
will  of  the  community  in  question.  It  is  for  the  community  to 
decide  whether  the  social  value,  its  commercial  importance,  or  the 
hereditary  interests  of  the  language  in  question  are  such  as  to 
warrant  its  place  in  the  school  curriculum.  If  the  patrons  of  the 
school  have  an  interest  in  the  ancient  classics,  and  believe  that  the 
study  of  Greek  and  Latin  will  put  their  children  into  possession 
of  the  rich  literary  inheritance  of  the  ancient  classics,  prepare 
them  for  the  deeper,  fuller  meaning  of  the  English  tongue,  it  is 
within  their  control.37 


36  Wisconsin,    Sch.    L.    Ml,    p.    112,    Comment    on    sec.    447. 

37  "In    Greece    and    Rome   are    the   beginnings    of   nearly    all    that    we 
most    value.      They    are    like    the    twin    lakes    in    which    the    Nile    has    its 
origin;    the    mountain    torrents    which    center    in    these,    to    issue   in    that 
majestic    stream,    are    by    comparison    hardly    worth    our    attention.      Our 
art.    science,    history,    philosophy,    poetry — even,    as   has    just   been   shown, 
our    religion — take    their    start    there.      There    is,    as    it     were,     the    very- 
heart   of  the   great  past,   whose   secrets   are  unlocked   by  language.     This 
is,    the    firm    and    indestructible    foundation    of    the    extraordinary    impor- 
tance   attaching    to    the    study    of    the    classical    tongues.      Nothing    that 
may    arise    hereafter    can    interfere    with    it;    Greek    and    Latin,    and    the 
antiquity    they    depict,    must    continue    the    sources    of    knowledge    as    to 
the  beginning  of  history  and   be   studied  as   long  as  history   is    studied." 
— W.   D.   Whitney:   Languages  and  Education,  N.   A.   Rev.,  vol.   113,  p.  368. 


08  STATE  CONTROL  OF  INSTRUCTION 


CHAPTER  V. 

SPECIAL  ELEMENTS  OF  THE  CURRICULUM. 
PHYSIOLOGY  AND  HYGIENE. 

Of  all  the  subjects  in  the  school  curricula,  no  other  has  re- 
ceived so  much  attention  in  recent  years  as  that  of  physiology  and 
hygiene,  with  special  reference  to  the  effects  of  alcoholic  drinks 
and  narcotics  upon  the  human  system.  The  evil  effects  of  intem- 
perance are  so  apparent  and  so  widespread  that  its  control  is  ad- 
mittedly a  necessity.  About  thirty  years  ago,  the  idea  was  con- 
ceived of  mitigating  the  evil  through  the  agency  of  the  schools. 
It  was  believed  that  the  best  remedy  for  the  drink  habit  would  be 
found  in  teaching  the  children  in  the  schools  that  alcohol  is  a 
poison.  Largely  through  the  instrumentality  of  the  Woman's 
Christian  Temperance  Union1  it  was  urged  upon  law-makers 
everywhere,  both  in  state  and  nation,  with  the  result  that  this  sub- 
ject is  required  to  be  taught  today  throughout  the  length  and 
breadth  of  the  land.  Not  only  is  its  teaching  mandatory  in  all  the 
public  schools  of  the  states  (except  Oklahoma)  by  statute  re- 
quirement, but  also  in  the  territories  by  federal  enactment. 

"That  the  nature  of  alcoholic  drinks  and  narcotics,  and  special 
instruction  as  to  their  effects  upon  the  human  system  in  connec- 
tion with  the  several  divisions  of  the  subject  of  physiology  and 
hygiene  shall  be  included  in  the  branches  of  study  taught  in  the 
common  and  public  schools,  and  the  Military  and  Naval  Schools, 
and  shall  be  studied  and  taught  as  thoroughly  and  in  the  same 
manner  as  other  like  required  branches  are  in  said  schools,  by  the 
use  of  text-books  in  the  hands  of  pupils,  where  other  branched  are 
thus  studied  in  said  schools,  and  by  all  pupils  in  all  said  schools 
throughout  the  Territories,  in  the  Military  and  Naval  Academies 
*of  the  United  States,  and  in  the  District  of  Columbia,  and  in  all 
Indian  and  colored  schools  in  the  Territories  of  the  United  States. 
That  it  shall  be  the  duty  of  the  proper  officers  in  control  of  any 
school  described  in  the  foregoing  section  to  enforce  the  provisions 

i  Foster,  Mrs.  J.  Ellen:  Scientific  Temperance  Instruction  in  the 
Public  Schools.  Proceedings  of  the  N.  E.  A.,  1886,  p.  77. 


SPECIAL  ELEMENTS  OF  CURRICLUUM  69 

of  this  act;  and  any  such  officer,  school  director,  committee,  su- 
perintendent or  teacher  who  shall  refuse  or  neglect  to  comply  with 
the  requirements  of  this  act  or  shall  neglect  or  fail  to  make  proper 
provisions  for  the  instruction  required,  and  in  the  manner  speci- 
field  by  the  first  section  of  the  act,  for  all  pupils  in  each  and 
every  school  under  his  jurisdiction,  shall  be  removed  from  office 
and  the  vacancy  filled  as  in  other  cases. 

"That  no  certificate  shall  be  granted  to  any  person  to  teach 
in  the  public  schools  of  the  District  of  Columbia  or  Territories, 
after  the  first  day  of  January,  Anno  Domini,  eighteen  hundred 
and  eighty-eight,  who  has  not  passed  a  satisfactory  examination 
in  physiology  and  hygiene,  with  special  reference  to  the  nature 
and  the  effects  of  alcoholic  drinks  and  other  narcotics  upon  the 
human  system/'2 

In  Alabama,  Arizona, *  Colorado,  Georgia,  Hawaii,  Idaho, 
Illinois,  Iowa,  Kentucky,  Maryland,  Massachusetts,  Michigan, 
New  Hampshire,  New  Jersey,  New  Mexico,  New  York,  North 
Dakota,  Ohio,  Oregon,  Pennsylvania,  South  Dakota,  Tennessee, 
Virginia,  and  West  Virginia,  the  law  requires  that  it  be  taught  in 
the3  same  manner  and  as  thoroughly  as  other  subjects.  It  is  re- 
quired of  all  the  pupils  in  all  the  public  schools  in  Alabama,  Ari- 
zona, Arkansas,  California,  Colorado,  Delaware,  Georgia,  Idaho, 
Illinois,  Indiana,  Iowa,  Kansas,  Maine,  Maryland  (of  all  the 
pupils  whose  capacity  will  admit  it),  Massachusetts,  Michigan, 
New  Hampshire  (above  primary),  New  Jersey,  New  Mexico, 
Ohio.  Oregon,  Pennsylvania,  South  Dakota,  Tennessee,  West 
Virginia,  Wisconsin,  Wyoming  (above  primary).  In  Arizona, 
Colorado,  Delaware,  Illinois,  Maryland,  Michigan,  New  Jersey, 
New  Mexico,  New  York,  Oregon,  South  Dakota,  Virginia,  it 
must  be  taught  by  means  of  textbooks  on  the  subjects,  and  in 
Illinois,  Michigan  and  South  Dakota,  it  is  further  stipulated  that 
the  minimum  amount  of  space  that  the  textbook  must  devote  to 
the  nature  of  alcoholic  drinks  and  other  narcotics.  Illinois,  New 
York  and  Oregon  prescribe  the  minimum  number  of  lessons  per 
week  in  this  subject,  and  in  New  York  and  Ohio  it  is  further 
mandatory  that  pupils  be  examined  and  tested  in  this  subject  be- 
fore promotion.  In  ten  of  the  states,4  the  county  or  city  superin- 


2  Act  of  May  20,   1886,   Ch.   362,   24   Stat.     Federal  Statutes   2,  p.    861. 
s  For   code    reference,    see   appendix. 

*  In  Arizona   this   is   effected  through   the   State   Board   of  Education 
which   has   the   authority   to   prescribe  and  enforce  a  course  of  study. 
4  Ark.,   Ga.,   Iowa,   Mich.,  Minn.,   N.   Y.,   Ore.,  Pa.,    So.  Dak.,   Wyo 


70  STATE  CONTROL  OF  INSTRUCTION 

tendent  must  report  to  the  State  Superintendent  to  what  extent 
the  statute  has  been  complied  with,  and  twenty  states  further 
mention  the  penalty  for  violation  of  the  law  in  question.5  Illinois 
requires : 

"The  nature  of  alcoholic  drinks  and  other  narcotics  and 
their  effects  on  the  human  system  shall  be  taught  in  connection 
with  the  various  divisions  of  physiology  and  hygiene  as  thoroughly 
as  are  other  branches  in  all  schools  under  state  control,  or  sup- 
ported wholly  or  in  part  by  public  money,  arid  also  in  all  schools 
connected  with  reformatory  institutions.  All  pupils  in  the  above 
mentioned  schools,  below  the  second  year  of  the  high  school  and 
above  the  third  year  of  school  work,  computing  from  the  begin- 
ning of  the  lowest  primary  year,  or  in  corresponding  classes  of 
ungraded  schools,  shall  be  taught  and  shall  study  this  subject 
every  year  from  suitable  textbooks  in  the  hands  of  all  pupils,  for 
not  less  than  four  lessons  a  week  for  ten  or  more  weeks  each 
year,  and  must  pass  the  same  tests  in  this  as  in  other  studies.  In 
all  schools  above  mentioned,  all  pupils  in  the  lowest  three  primary 
school  years,  or  in  corresponding  classes  in  ungraded  schools, 
shall  each  year  be  instructed  in  this  subject  orally  for  not  less  than 
three  lessons  a  week  for  ten  weeks  each  year,  by  teachers  using 
textbooks  adapted  for  such  oral  instruction  as  a  guide  and  stand- 
ard. The  local  school  authorities  shall  provide  needed  facilities 
and  definite  time  and  place  for  this  branch  in  the  regular  courses 
of  study.  The  textbooks  in  the  pupils'  hands  shall  be  graded  to 
the  capacity  of  the  fourth  year,  intermediate,  grammar  and  high 
school  pupils,  or  to  corresponding  classes  as  found  in  ungraded 
schools.  For  students  below  high  school  grade,  such  textbooks 
shall  give  at  least  one-fifth  their  space,  and  for  students  of  high 
school  grade  shall  give  not  less  than  twenty  pages  to  the  nature 
and  effects  of  alcoholic  drinks  and  other  narcotics.  The  pages 
on  this  subject,  in  a  separate  chapter  at  the  end  of  the  book,  shall 
not  be  counted  in  determining  the  minimum."6 

Ohio,  while  aiming  to  secure  the  same  end,  leaves  more  to 
local  consideration. 

"The  nature  of  alcoholic  drinks  and  other  narcotics,  and  their 
effect  on  the  human  system,  in  connection  with  the  various  divi- 
sions of  physiology  and  hygiene,  shall  be  included  in  the  branches 
to  be  regularly  taught  in  the  common  schools  of  the  state,  and  in 
all  educational  institutions  supported  wholly,  or  in  part,  by  money 
from  the  state.  Boards  of  education,  and  boards  of  such  educa- 
tional institutions,  shall  make  suitable  provisions  for  this  instruc- 


5  Ariz.,    Cal.,    Conn.,    Del.,    Ida.,    111.,    Ind.,    Iowa,    Mich.,    Minn.,    N.    H., 
N.  J.,   N.  Mex.,   N.  Y.,  Ohio,  Pa.,  So.  Dak.,  Wash.,  W.  Va.,  Wyo. 

6  School    Law    of   Illinois,    1912,   p.    76,    sec.    273. 


SPECIAL  ELEMENTS  OF  CURRICULUM  7  1 

tion  in  the  schools  and  institutions  under  their  respective  juris- 
diction, giving  definite  time  and  place  for  this  branch  in  the  regu- 
lar course  of  study;  adopt  such  methods  as  will  adapt  it  to  the 
capacity  of  pupils  in  the  various  grades ;  and  to  corresponding 
classes  as  found  in  ungraded  schools.  The  same  tests  for  promo- 
tion shall  be  required  in  this  as  in  other  branches."7 

The  Michigan  statute  on  this  subject  is  rather  remarkable 
for  the  attention  that  is  given  to  textbook  consideration.  The 
law  in  full  is  as  follows : 

"In  addition  to  the  branches  in  which  instruction  is  now  re- 
quired by  law  to  be  given  in  the  public  schools  of  the  state,  in- 
struction shall  be  given  in  physiology  and  hygiene,  with  a  special 
reference  to  the  nature  of  alcohol  and  narcotics,  and  their  effects 
upon  the  human  system.  Such  instruction  shall  be  given  by  the 
aid  of  textbooks,  in  the  case  of  pupils  who  are  able  to  read,  and 
as  thoroughly  as  in  other  studies  pursued  in  the  same  school.  The 
textbooks  to  be  used  for  such  instruction  shall  give  at  least  one- 
fourth  of  their  space  to  the  consideration  of  the  nature  and  ef- 
fects of  alcoholic  drinks  and  narcotics,  and  the  books  used  in  the 
highest  grade  of  graded  schools  shall  contain  at  least  twenty 
pages  of  matter  relating  to  this  subject.  Textbooks  used  in  giv- 
ing the  foregoing  instructions  shall  first  be  approved  by  the  state 
board  of  education.  Each  school  board  making  a  selection  of 
textbooks  under  the  provisions  of  this  act  shall  make  a  record 
thereof  in  their  proceedings,  and  textbooks  once  adopted  under 
the  provisions  of  this  act  shall  not  be  changed  within  five  years, 
except  by  the  consent  of  a  majority  of  the  qualified  voters  of  the 
district  present  at  an  annual  meeting,  or  at  a  special  meeting 
railed  for  that  purpose.  The  district  board  shall  require  each 
teacher  in  the  public  schools  of  such  district,  before  placing  the 
school  register  in  the  hands  of  the  directors  (director),  as  pro- 
vided in  section  thirteen  of  this  act,  to  certify  therein  whether  or 
not  instruction  has  been  given  in  the  school  or  grade  presided 
over  by  such  teacher,  as  required  by  this  act,  and  it  shall  be  the 
duty  of  the  director  of  the  district  to  file  with  the  township  clerk 
a  certified  copy  of  such  certificate.  Any  school  board  neglecting 
or  refusing  to  comply  with  any  of  the  provisions  of  this  act  shall 
be  subject  to  fine  or  forfeiture,  the  same  as  for  neglect  of  any 
other  duty  pertaining  to  their  office.  This  section  shall  apply  to 
all  schools  in  the  state,  including  schools  in  cities  or  villages, 
whether  incorporated  under  special  charter  or  under  the  general 
laws."8 


7  Ohio   School   Laws,    1912,   p.    US,   sees.    7723,   7724. 

s  Michigan    General    School    Laws,    1911,    p.    29,    sec.    4680. 


<  '2  STATE  CONTROL  OF  INSTRUCTION 

In  Oregon,  the  reception  of  public  money  by  the  treasurer  is 
conditional  on  the  proper  enforcement  of  the  law  regarding  the 
teaching  of  physiology  and  hygiene.  The  law  requires  of  the 
teacher : 

"To  labor  during  school  hours  to  advance  the  pupils  in  their 
studies;  to  create  in  their  minds  a  desire  for  knowledge,  princi- 
ple, morality,  politeness,  cleanliness,  and  the  preservation  of 
physical  health ;  and  it  is  hereby  made  the  duty  of  every  teacher  to 
give,  and  of  every  board  of  school  directors  to  cause  to  be  given, 
to  all  pupils,  suitable  instruction  in  physiology  and  hygiene,  with 
special  reference  to  the  effects  of  alcoholic  drinks,  stimulants,  and 
narcotics  upon  the  human  system.  Such  instruction  in  physiology 
and  hygiene  shall  be  given  orally  to  pupils  who  are  below  the 
fourth  grade,  and  shall  be  given  by  the  use  of  textbooks  to  all 
pupils  above  the  fourth  grade,  and  such  instruction  shall  be  given 
as  thoroughly  to  all  pupils  as  instruction  in  arithmetic  or  geog- 
raphy is  given.  Each  teacher  of  a  public  school,  before  leaving 
the  school  register  with  the  school  clerk,  shall  certify  therein 
whether  instruction  has  been  given  in  the  school  or  grade  presided 
over  by  such  teacher,  as  required  by  this  act,  and  no  public  money 
shall  be  paid  over  to  the  treasurer  of  a  district  unless  the  regis- 
ter of  such  district  contains  a  certificate  of  the  teacher  that  in- 
struction has  been  given  in  physiology  and  hygiene,  with  special 
reference  to  the  effects  of  alcoholic  drinks,  stimulants  and  narco- 
tics upon  the  human  system,  as  required  by  this  act."9 

The  law  of  the  state  of  New  York,  however,  is  more  com- 
prehensive than  any  other : 

"The  nature  of  alcoholic  drinks  and  other  narcotics,  and 
their  effects  on  the  human  system,  shall  be  taught  in  connection 
with  the  various  divisions  of  physiology  and  hygiene,  as  thor- 
oughly as  are  other  branches  in  all  schools  under  state  control 
or  supported  wholly  or  in  part  by  public  money  of  the  state,  and 
also  in  all  schools  connected  with  reformatory  institutions.  All 
pupils  in  the  above  mentioned  schools,  below  the  second  year  of 
the  high  school  and  above  the  third  year  of  school  work,  comput- 
ing from  the  beginning  of  the  lowest  primary,  not  kindergarten 
year,  or  in  corresponding  classes  of  ungraded  schools,  shall  be 
taught  and  shall  study  this  subject  every  year  with  suitable  text- 
books in  the  hands  of  all  pupils,  for  not  less  than  three  lessons  a 
week  for  ten  or  more  weeks,  or  the  equivalent  of  the  same  in  each 
year,  and  must  pass  satisfactory  tests  in  this  as  in  other  studies, 
before  promotion  to  the  next  succeeding  year's  work ;  except  that 
where  there  are  nine  or  more  school  years  below  the  high  school, 


School   Ijaws   of  Oreg-on.   1913,   p.   51,   sec. 


SPECIAL  ELEMENTS  OF  CURRICULUM  73 

the  study  may  be  omitted  in  all  years  above  the  eighth  year  and 
below  the  high  school,  by  such  pupils  as  have  passed  the  required 
tests  of  the  eighth  year.  In  all  schools  above  mentioned,  all  pupils 
in  the  lowest  three  primary,  not  kindergarten,  school  years,  or  in 
corresponding  classes  in  ungraded  schools,  shall,  each  year,  be  in- 
structed in  this  subject  orally  for  not  less  than  two  lessons  a  week 
lor  ten  weeks,  or  the  equivalent  of  the  same  in  each  year,  by 
teachers  using  textbooks  adapted  for  such  oral  instruction  as  a 
guide  and  standard,  and  such  pupils  must  pass  such  tests  in  this 
as  may  be  required  in  other  studies  before  promotion  to  the  next 
succeeding  year's  work.  Nothing  in  this  act  shall  be  construed 
as  prohibiting  or  requiring  the  teaching  of  this  subject  in  kinder- 
garten schools.  The  local  school  authorities  shall  provide  needed 
facilities  and  definite  time  and  place  for  this  branch  in  the  regular 
courses  of  study.  The  textbooks  in  the  pupils'  hands  shall  be 
graded  to  the  capacities  of  fourth  year,  intermediate,  grammar 
and  high  school  pupils,  or  to  corresponding  classes  in  ungraded 
schools.  For  students  below  high  school  grade,  such  textbooks 
shall  give  at  least  one-fifth  their  space,  and  for  students  of  high 
school  grade  shall  give  not  less  than  twenty  pages,  to  the  nature 
c\nd  effects  of  alcoholic  drinks  and  other  narcotics.  This  subject 
must  be  treated  in  the  textbooks  in  connection  with  the  various 
divisions  of  physiology  and  hygiene,  and  pages  on  this  subject  in 
a  separate  chapter  at  the  end  of  the  book  shall  not  be  counted  in 
determining  the  minimum.  No  textbook  on  physiology  not  con- 
forming to  this  act  shall  be  used  in  the  public  schools,  except  so 
long  as  may  be  necessary  to  fulfill  the  conditions  of  any  legal 
adoption  existing  at  the  time  of  the  passage  of  this  act.  All  Re- 
gents' examinations  in  physiology  and  hygiene  shall  include  a  due 
proportion  of  questions  on  the  nature  of  alcoholic  drinks  and  other 
narcotics,  and  their  effects  on  the  human  system. 

"In  all  normal  schools,  teachers'  training  classes  and  teachers' 
institutes,  adequate  time  and  attention  shall  be  given  to  instruction 
in  the  best  methods  of  teaching  this  branch,  and  no  teacher  shall 
be  licensed  who  has  not  passed  a  satisfactory  examination  in  the 
subject,  and  the  best  methods  of  teaching  it.  On  satisfactory 
evidence  that  any  teacher  has  wilfully  refused  to  teach  this  sub- 
ject, as  provided  in  this  article,  the  commissioner  of  education 
shall  revoke  the  license  of  such  teacher.  No  public  money  of  the 
-rate  shall  be  apportioned  by  the  commissioner  of  education  or 
paid  for  the  benefit  of  any  city  until  the  superintendent  of  schools 
therein  shall  have  filed  with  the  treasurer  or  chamberlain  of  such 
city  an  affidavit  and  with  the  commissioner  of  education  a  dupli- 
cate of  such  affidavit  that  he  has  made  thorough  investigation  as 
to  the  facts,  and  that  to  the  best  of  his  knowledge,  information 
and  belief,  all  provisions  of  this  act  have  been  complied  with  in 
all  the  schools  under  his  supervision  in  such  city  during  the  last 


74  STATE  CONTROL  OF  INSTRUCTION 

preceding  legal  school  year;  nor  shall  any  public  money  of  the 
state  be  apportioned  by  the  commissioners  of  education  or  by 
school  commissioners  or  paid  for  the  benefit  of  any  school  district, 
until  the  president  of  the  board  of  trustees,  or  in  the  case  of  com- 
mon school  districts  the  trustee  or  some  one  member  of  the  board 
of  trustees,  shall  have  filed  with  the  school  commissioner  having 
jurisdiction  an  affidavit  that  he  has  made  thorough  investigation 
as  to  the  facts,  and  that  to  the  best  of  his  knowledge,  information 
and  belief,  all  the  provisions  of  this  act  have  been  complied  with 
in  such  district,  which  affidavit  shall  be  included  in  the  trustees' 
annual  report,  and  it  shall  be  the  duty  of  every  school  commis- 
sioner to  file  with  the  commissioner  of  education,  an  affidavit  in 
connection  with  his  annual  report,  showing  all  districts  in  his  jur- 
isdiction that  have  and  those  that  have  not  complied  with  all  the 
provisions  of  this  act,  according  to  the  best  of  his  knowledge,  in- 
formation and  belief,  based  on  a  thorough  investigation  by  him 
as  to  the  facts ;  nor  shall  any  public  money  of  the  state  be  appor- 
tioned or  paid  for  the  benefit  of  any  teachers'  training  class, 
teachers'  institute,  or  other  school  mentioned  herein,  until  the  of- 
ficer having  jurisdiction  or  supervision  thereof  shall  have  filed 
with  the  commissioner  of  education  an  affidavit  that  he  has  made 
a  thorough  investigation  as  to  the  facts,  and  that  to  the  best  of 
his  knowledge,  information  and  belief,  all  the  provisions  of  this 
act  relative  thereto  have  been  complied  with.  The  principal  of 
each  normal  school  in  the  state  shall,  at  the  close  of  the  school 
year,  file  with  the  commissioner  of  education  an  affidavit  that  all 
the  provisions  of  this  law,  applicable  thereto,  have  been  complied 
with  during  the  school  year  just  terminated,  and  until  such  affi- 
davit shall  be  filed  no  warrant  shall  be  issued  by  the  commissioner 
of  education  for  the  payment  by  the  treasurer  of  any  part  of  the 
money  appropriated  for  such  school.  It  shall  be  the  duty  of  the 
commissioner  of  education  to  provide  blank  forms  of  affidavit  re- 
quired herein  for  use  by  the  local  school  officers,  and  he  shall  in- 
clude in  his  annual  report  a  statement  showing  every  school,  city, 
or  district  which  has  failed  to  comply  with  all  the  provisions  of 
this  act  during  the  preceding  school  year.  On  complaint,  by  ap- 
peal to  the  commissioner  of  education,  any  patron  of  the  schools 
mentioned  in  the  last  preceding  section,  or  by  any  citizen,  that 
any  provision  of  this  act  has  not  been  complied  with  in  any  city 
or  district,  the  commissioner  of  education  shall  make  immediate 
investigation,  and  on  satisfactory  evidence  of  the  truth  of  such 
complaint,  shall  thereupon  and  thereafter  withhold  all  public 
money  of  the  state  to  which  such  city  or  district  would  otherwise 
be  entitled,  until  all  the  provisions  of  this  act  shall  be  complied 
with  in  said  city  or  district,  and  shall  exercise  his  power  of 


SPECIAL  ELEMENTS  OF  CURRICULUM  75 

reclamation    and     deduction,    under    section    four  hundred    and 
ninety-one  of  this  chapter."10 

The  special  session  of  the  legislature  of  Alabama,  in  1909, 
passed  an  act  which  requires : 

"That  it  shall  be  the  duty  of  the  State  Superintendent  of 
Education  of  the  State  of  Alabama  to  have  prepared  and  fur- 
nished to  the  teachers  in  the  public  schools  placards  printed  in 
large  type  upon  which  shall  be  set  forth  in  attractive  style,  statis- 
tics, epigrams  and  mottoes  showing  the  evils  of  intemperance, 
especially  from  the  use  of  intoxicating  liquors.  That  it  shall  be 
the  duty  of  the  said  State  Superintendent  of  Education  to  make 
changes  in  the  matter  printed  on  the  said  placards  from  time  to 
time,  as  he  may  deem  proper,  and  that  he  shall  at  all  times  keep 
the  public  schools  of  Alabama  provided  with  a  sufficient  number 
cf  said  placards  to  post  one  of  them  in  every  schoolroom  of  Ala- 
bama." 

The  law  makes  it  the  duty  of  every  public  school  teacher  to 
keep  posted  one  of  said  placards  in  a  conspicuous  place  in  his 
schoolroom.  It  makes  it  the  duty  of  the  county  superintendent 
and  district  trustees  to  assist  in  the  carrying  out  of  the  provisions 
of  this  act.  One  day  shall  be  set  apart  in  each  "scholastic  term," 
known  as  "Temperance  Day,  when  a  suitable  program  shall  be 
prepared  to  the  end  that  the  children  of  Alabama  may  be  taught 
the  evils  of  intemperance."11 

Though  legislation  on  this  subject  is  thus  extensive,  the  law 
does  not  receive  that  loyal  and  unanimous  enforcement  that  might 
be  expected  from  its  universality.  Among  the  official  decisions  of 
the  State  Superintendent  of  Nebraska  is  found  what  is  indicative 
of  the  attitude  in  many  localities : 

"The  instruction  in  this  subject  is  often  unwisely  distributed 
throughout  the  course,  and  any  change  of  sentiment  or  opinion 
against  the  use  of  alcohol  seems  entirely  disproportionate  to  the 
outlay  of  time  and  effort  that  has  been  made.  There  is  frequent 
and  unnecessary  repetition,  and  diminished  interest  and  dislike 
of  the  subjects  are  prevalent.  Textbook  instruction  could,  with 
profit  to  the  cause  and  to  the  school,  be  limited  to  the  higher  gram- 
mar grades.  The  use  of  charts  in  common  schools,  showing  mor- 
bid, physiological  conditions  is  generally  condemned."12 

However  meritorious  the  temperance  movement,  however 
laudable  the  self-sacrificing  devotion  of  many  of  its  leaders,  how- 

10  Education   Law,    1912,   p.    142,    art.    26. 

11  Laws   of    Alabama,    1911,    p.    132. 

12  School    Laws    of   Nebraska,    1909,    p.    72,    sec.    4. 


76  STATE  CONTROL  OF  INSTRUCTION 

ever  praiseworthy  the  motives  actuating  its  members,  it  may  well 
be  questioned  whether  the  purpose  of  this  scientific  temperance 
teaching  is  being  accomplished.  Not  to  speak  of  palpable  inac- 
curacies, and  even  falsehoods,  contained  in  many  texts  on  this 
subject  and  often  taught  in  the  face  of  obvious  and  disproving 
facts,  the  method  is,  to  say  the  least,  unpedagogical.  No  such 
method  is  pursued  in  other  subjects.  Children  do  not  become 
good  spellers  by  the  study  of  misspelled  words,  nor  do  they  ac- 
quire facility  in  the  use  of  good  English  through  attention  to 
faulty  diction.  Children  are  not  expected  to  gain  physical  health 
and  strength  through  the  study  of  sickness  and  disease,  nor  is  it 
expected  that  they  become  virtuous  through  presentation  of  vice. 
The  wisdom  of  presenting  lurid  pictures  of  the  evil  effects  of  al- 
cohol on  stomach,  heart  and  liver  and  other  vital  organs  is  open 
to  very  serious  question.  Any  method  in  this  day  of  neurasthenic 
ailments  that  may  lead  to  morbidness  on  the  part  of  the  learner 
should  be  condemned.  What  is  desired  in  the  young  is  the  form- 
ing of  right  habits  of  life,  which  can  only  be  acquired  through 
positive  reaction.  No  amount  of  learning  regarding  the  evil  ef- 
fects of  alcohol  will  form  a  positive  character,  nor  will  any  store 
of  memorized  negations  serve  in  the  hour  of  temptation.  In  ac- 
cordance with  the  law  of  negative  suggestions,  this  teaching  may 
lead  to  the  doing  of  the  very  evil  it  is  intended  to  forestall,  es- 
pecially when  carried  on  in  an  environment  not  in  harmony  with 
such  teaching,  but  where  alcoholic  beverages  are  dispensed  with 
the  full  approval  of  local  law.  Whatever  may  be  the  modifica- 
tions that  the  law  will  in  the  future  undergo  in  respect  to  this 
subject,  if  the  school  is  to  have  a  part  in  the  cause  of  temperance, 
it  will  have  to  become  a  place  for  character  building,  for  the  form- 
ing of  right  habits ;  a  place  where  temperance  is  lived,  not  merely 
learned  in  words.  It  should  be  noted  also  that  in  the  teaching  of 
this  subject,  as  well  as  those  considered  farther  on  in  this  chap- 
ter, the  public  school  is  made  the  agency  for  imposing  new  in- 
formation and  new  ideals  upon  the  people,  and  such  teaching  is 
thus  open  to  criticism  on  the  ground  of  what  should  be  the  nature 
of  the  course  of  study.  If  the  course  of  study  is  to  be  a  body  of 
race  experience,13  i.  e.,  consist  of  a  selection  of  those  achievements 
and  experiences  of  the  human  race  which  have  proved  and  are 

is  Ruediger:    The   Principles    of    Education,    p.    167. 


SPECIAL  ELEMENTS  OF  CURRICULUM  77 

still  proving  of  value  for  social  and  individual  life,  as  is  com- 
monly conceded,  it  evidently  follows  that  much  which  is  now  ex- 
pected to  be  taught  under  these  various  captions  must  be  omitted. 

PATRIOTISM. 

Another"  subject  receiving  considerable  attention,  though  not 
literally  forming  any  integral  part  of  the  school  curriculum,  is 
patriotism.  One  of  the  acknowledged  aims  of  education  is  citi- 
zenship, which  must  embody  as  one  of  its  vital  elements  that  of 
patriotism.  The  true  patriot  is  not  so  much  he  who  is  willing  to 
die,  as  he  who  lives,  for  his  country.  The  true  citizen  must  fight 
his  country's  battle  of  peace,  as  well  as  of  war,  and  in  so  doing 
further  the  end  of  government  which  is  for  the  interests  of  hu- 
manity. 

It  is  held  by  many  that  the  training  received  in  history  and 
civil  government  does  not  give  due  preparation  for  the  civil  duties 
of  life  which  the  individual  must  later  assume  in  the  interests  of 
society  as  well  as  the  state.  For  this  reason  there  have  been  intro- 
duced into  many  schools  various  exercises  which  have  for  their 
special  end  the  teaching  of  patriotism. 

In  thirty-two  states14  the  law  requires  that  the  public  schools 
be  provided  with  suitable  flags,  which  shall  be  displayed  while 
school  is  in  session,  or  only  on  certain  days,  which  is  the  case  in 
Idaho,  Illinois,  Indiana,  Massachusetts  and  New  Hampshire. 
The  law  in  Maine  and  in  Wisconsin  is  not  definite  as  to  the  time 
of  display;  in  the  latter  it  merely  requires  that  it  be  displayed,  in 
the  former  it  indicates  the  purpose  for  which  it  shall  be  used. 

"It  shall  be  the  duty  of  superintendents  of  schools  to  report 
to  municipal  officers  of  cities,  towns  and  plantations,  all  schools 
within  their  jurisdiction  without  flags,  and  it  shall  be  the  duty  of 
said  municipal  officers  to  furnish  flags  to  all  such  schools,  to  be 
paid  for  by  said  municipalities.  These  flags  are  to  be  used  in  all 
schools  for  the  education  of  the  youth  of  our  state,  to  teach  them 
the  cost,  the  object  and  principles  of  our  government,  the  great 
sacrifices  of  our  forefathers,  the  important  part  taken  by  the 
Union  army  in  eighteen  hundred  sixty-one  to  eighteen  hundred 
sixtv-five,  and  to  teach  them  to  love,  honor  and  respect  the  flag 


14  Ariz.,  Cal.,  Col.,  Conn.,  D'el.,  Ida.,  111.,  Ind.,  Iowa,  Kan.,  Me., 
Mass.,  Mich.,  Mont.,  Nev.,  N.  H.,  N.  J.,  N.  Mex.,  N.  Y.,  N.  Dak.,  Ohio, 
Okla.,  Ore.,  Pa.,  R.  I.,  So.  Dak.,  Utah,  Vt.,  Wash.,  W.  Va.,  Wis.,  Wyo. 


78  STATE  CONTROL  OF  INSTRUCTION 

of  our  country,  that  cost  so   much  and   is  so  dear   to  every   true 
American  citizen."15 

New  Hampshire  leaves  the  display  of  the  flag  to  the  judg- 
ment of  the  school  board.  It  directs  the  board : 

To  "purchase  at  the  expense  of  the  city  or  town  in  which  the 
district  is  situated,  a  United  States  flag  of  bunting,  not  less  than 
five  feet  in  length,  with  a  flagstaff  and  appliances  for  displaying 
the  same,  for  every  schoolhouse  in  the  district  in  which  a  public 
school  is  taught  not  otherwise  supplied.  They  shall  prescribe 
rules  and  regulations  for  the  proper  custody,  care,  and  display  of 
the  flag ;  and  whenever  not  otherwise  displayed,  it  shall  be  placed 
conspicuously  in  the  principal  room  of  the  schoolhouse.  Any 
members  of  a  school  board  who  shall  refuse  or  neglect  to  comply 
with  the  provisions  of  this  section  shall  be  fined  ten  dollars  for 
the  first  offense  and  twenty  dollars  for  every  subsequent  of- 
fense."16 

According  to  the  law  in  Wisconsin,  the  flag  may  be  displayed 
from  the  schoolhouse  or  flagstaff,  or  in  each  schoolroom : 

"Every  board  of  education  or  district  board  shall  purchase 
at  the  expense  of  the  city,  town,  village  or  district  to  which  it  be- 
longs and  display  in  each  schoolroom  or  from  a  flagstaff  on  each 
schoolhouse  or  on  the  grounds  thereof,  a  flag  of  the  United  States, 
and  purchase  in  like  manner  whatever  may  be  needed,  for  the  dis- 
play or  preservation  of  the  flag."17 

Connecticut,  Hawaii,  New  Mexico,  New  York  and  Rhode 
Island,  have  established  a  flag  day,  which  must  be  observed  in  the 
schools  with  appropriate  patriotic  exercises.  Three  of  the  states 
provide  for  a  salute  to  the  flag.  Thus  the  Arizona  law  requires : 

"It  shall  be  the  duty  of  the  State  Superintendent  of  Public 
Instruction  to  prepare  for  the  use  of  the  public  schools  of  the  state 
a  program  providing  for  a  salute  to  the  flag,  and  such  other  pa- 
triotic exercises  as  shall  be  deemed  by  him  to  be  expedient,  under 
such  regulations  and  instructions  as  may  best  meet  the  require- 
ments of  the  different  grades  of  such  schools."13 

In  Kansas  the  law  directs  the  State  Superintendent  to  make 
proper  provisions  for  this : 

"It  shall  be  the  duty  of  the  State  Superintendent  of  Public 
Instruction   of    this  state  to   prepare    for  the   use  of  the  public 
schools  of  the  state  a  program  providing  for  a  salute  to  the  flag 
at  the  opening  of  each  day  of  school,  and  such  other  patriotic  ex- 
is  Maine   School  Laws,   '13,   p.    57,   sec.    1. 

16  New   Hampshire    Sch.    L.,    '13,    p.    31,    sec.    928. 

17  Wisconsin   Sch.   L.,   '11,   p.    94,   sec.    436a. 

is  Arizona    School    Laws,    1912,    p.    48,    sec.    118. 


SPECIAL  ELEMENTS  OF  CURRICULUM  79 

ercises  as  may  be  deemed  by  him  to  be  expedient,  under  such 
regulations  and  instructions  as  may  best  meet  the  varied  require- 
ments of  the  different  grades  in  such  schools."19 

Similarly  this  is  made  the  duty  of  the  Commissioner  of  Edu- 
cation of  New  York. 

"It  shall  be  the  duty  of  the  Commissioner  of  Education  to 
prepare,  for  the  use  of  the  public  schools  of  the  state,  a  program 
providing  for  a  salute  to  the  flag  and  such  other  patriotic 
exercises  as  may  be  deemed  by  him  to  be  expedient,  under  such 
regulations  and  instructions  as  may  best  meet  the  varied  require- 
ments of  the  different  grades  in  such  schools."20 

A  recent  law  of  Indiana,  approved  March  8,  1909,  demands : 

"The  state  board  of  education  shall  require  the  singing  of 
the  'Star  .Spangled  Banner'  in  its  entirety  in  the  schools  of  In- 
diana upon  all  patriotic  occasions,  and  that  the  said  board  of  edu- 
cation shall  arrange  to  supply  the  words  and  music  in  sufficient 
quantity  for  the  purposes  indicated  therein."21 

Eleven22  of  the  states  require  the  proper  observance  with  ap- 
propriate exercises  of  certain  days  commemorating  important  his- 
torical characters  or  events.  Thus  Arkansas  requires : 

"That  the  nineteenth  of  January,  the  birthday  of  Robert  Ed- 
ward Lee,  shall  be  observed  in  all  the  public  schools  of  the  state 
as  a  day  for  patriotic  exercises  and  the  study  of  the  history  and 
achievements  of  Arkansas  men.  The  State  Superintendent  of 
Public  Instruction  is  hereby  authorized  to  prepare  and  publish 
annually  for  use  in  all  public  schools  of  the  state,  a  program  of 
exercises  dealing  with  events  in  the  life  of  General  Lee  and  other 
distinguished  men,  giving  attention  also  to  the  achievements  and 
work  of  eminent  men  who  have  served  this  state  in  civil  and  mili- 
tary life.  It  shall  be  the  duty  of  county  examiners,  city  superin- 
tendents and  principals  of  schools  to  aid  in  carrying  on  this  work, 
and  they  shall  arrange  the  exercises  of  their  various  schools  in 
accordance  with  the  provisions  of  this  act."2 

The  law  in  New  York  declares: 

"It  shall  also  be  his  duty  (i.  e.,  of  the  Commissioner  of  Edu- 
cation) to  make  special  provision  for  the  observance  in  such  pub- 
lic schools  of  Lincoln's  birthday.  Washington's  birthday,  Mem- 
orial day,  and  Flag  day,  and  such  other  legal  holidays  of  like 
character  as  may  be  hereafter  designated  by  law."24 

19  Kansas    School    Laws,    1913,    p.    170,    sec.    507. 

20  New  York  Education  Law,   1912,  p.    146,  sec.   712. 

21  Indiana  School  Law,   1911,   p.   117,   sec.   147%. 

22  Ariz.,  Ark.,   Conn.,  Kan.,   Md.,  Mass.,   N.  H.,  N.   J.,  N.   Y.,  R.   I.,  Vt 

23  Arkansas    School    Laws,    1910,    p.    123,    sec.    1,    2,    3. 

24  New   York   Education   Law,    1912,    p.    146,    sec.    712. 


80  STATE  CONTROL  OF  INSTRUCTION 

As  to  the  value  of  these  exercises  Dr.  Armstrong,  of  the 
Mosely  Commission,  said,  in  1903 : 

''Much  has  been  said  of  the  importance  attached  in  the  Amer- 
ican schools  to  the  teaching  of  patriotism  and  to  the  practice  of 
saluting  the  flag  which  prevails  therein.  This  involves  the  recita- 
tion occasionally  of  the  formula :  'I  pledge  allegiance  to  my  flag 
and  to  the  Republic  for  which  it  stands — one  nation,  indivisible, 
with  liberty  and  justice  for  all.'  This  appeared  to  me  to  be  a 
somewhat  perfunctory  exercise  when  I  witnessed  it.  Thinking 
Americans  with  whom  I  discussed  the  question  seemed  to  regard 
the  practice  as  of  some  value  in  cities  like  New  York  and 
Chicago,  where  a  large  alien  element  has  constantly  to  be  ab- 
sorbed into  the  population ;  but  apparently  they  were  of  the  opin- 
ion that  it  was  undesirable  as  a  general  practice."2"' 

Doctor  Dunker,  of  the  Royal  Prussian  Commission,  in  1904. 
spoke  of  it  in  these  terms : 

"The  national  character  of  the  American  school  is  further  in- 
dicated by  the  widely  diffused  custom,  in  many  instances  fixed 
by  state  law,  of  hoisting  the  flag  of  the  Union  over  public  school 
buildings  during  periods  of  instruction.  It  is  especially  signifi- 
cant that  certain  Southern  states  that  heretofore  had  not  forgot- 
ten the  civil  war  and  the  evil  days  of  reconstruction,  under  the 
direct  influence  of  the  victory  over  Spain,  began  to  hoist  the 
Stars  and  Stripes  over  their  schools  instead  of  the  State  flag."26 

Later  on  he  refers  to  this  again  in  these  words : 

"The  American  schools  are  pronouncedly  national  educa- 
tional institutions.  This,  as  already  mentioned,  is  even  externally 
indicated  by  the  fact  that  public  instructon  is  imparted  under  the 
shadow  of  the  national  flag.  The  great  national  anniversaries  of 
the  Declaration  of  Independence,  of  the  birth  of  Washington  and 
Lincoln,  are  celebrated  with  suspension  of  school  exercises  and 
with  school  festivals.  The  geography  and  history  of  the  LTnited 
States  are  thoroughly  studied  in  all  kinds  of  schools,  so  that  the 
pupil  may  learn  to  know  and  love  his  people  and  its  heroes  and 
become  familiar  with  his  country."27 

ARBOR  DAY. 

Another  school  exercise,  though  not  strictly  a  part  of  the 
school  curriculum,  should  be  referred  to  in  this  connection.  For 
some  years,  those  interested  in  forestry,  seeing  the  rapid  destruc- 
tion of  the  forests  of  the  country  and  the  dangers  resulting  there- 


25  Report  of  the  Mosely  Ed.  Com.  to  the  IT.   S.  of  Am.,  p.  9. 

26  State  School   Systems,  Bulletin  No.   2,   1906,   p.   10. 

27  State    School   Systems,    Bulletin  No.    2,   1906,   p.    12. 


SPECIAL  ELEMENTS  OF  CURRICULUM  81 

from,  have  urged  the  need  of  forest  reservation  and  tree  plant- 
ing. It  was  not,  however,  until  1872,  largely  through  the  efforts 
of  J.  Sterling  Morton,  of  Nebraska,  that  the  first  systematic  tree 
planting  on  a  given  day  by  organized  efforts  of  schools  and  citi- 
zens began.  This  movement  has  been  followed  by  other  states, 
until  today  Arbor  Day  is  being  observed  in  most  of  the  schools 
of  the  country.  In  thirty-three  of  the  states  and  the  territory  of 
Hawaii28  the  law  requires  this  observance.  Though  in  some 
states  the  intention  is  largely  to  improve  the  attractiveness  of  the 
school  and  its  immediate  surroundings,  in  others  it  is  to  reach  the 
wider  interests  of  forestry  and  nature  in  general.  The  immed- 
iate result  has  been  to  change  many  a  dreary,  cheerless  school  sur- 
rounding, into  one  of  attractiveness  and  even  beauty.  The  law 
of  Arizona  is  illustrative  of  the  effort  to  reach  these  wider  prob- 
lems as  well : 

"In  order  that  the  children  in  our  public  schools  shall  assist 
in  the  work  of  adorning  the  school  grounds  with  trees,  and  to 
stimulate  the  minds  of  children  towards  the  benefits  of  the  preser- 
vation and  perpetuation  of  our  forests  and  the  growing  of  tim- 
ber, it  shall  be  the  duty  of  the  authorities  in  every  public  school 
in  the  Territory  of  Arizona  to  assemble  the  pupils  in  their  charge 
on  the  above  day  in  the  school  building  or  elsewhere,  as  they  may 
deem  proper,  and  to  provide  for  and  conduct,  under  the  general 
supervision  of  the  County  School  Superintendents,  to  have  and 
to  hold  such  exercises  as  shall  tend  to  encourage  the  planting, 
protection  and  preservation  of  trees  and  shrubs,  and  an  acquaint- 
ance with  the  best  methods  to  be  adopted  to  accomplish  such  re- 
sults ;  and  that  the  trees  may  be  planted  around  the  school  build- 
ings, and  that  the  grounds  around  such  buildings  may  be  im- 
proved and  beautified ;  such  planting  to  be  attended  with  appro- 
priate and  attractive  ceremonies,  that  the  day  may  be  one  of 
pleasure  as  well  as  one  of  instruction  for  the  young;  all  to  be  un- 
der the  supervision  and  direction  of  the  teacher,  who  shall  see  that 
the  trees  and  shrubs  are  properly  selected  and  set."29 

HIRD  DAY. 

In  a  number  of  the  states,  through  the  interest  aroused  in 
birds  and  their  preservation  by  the  Audobon  Society,  bird  day  is 


28  Ariz.,  Ark.,  Cal.,  Col.,  Conn.,  Del.,  Fla.,  Ga,,  Hawaii,  Ida.,  111., 
Ind.,  I,a.,  Me.,  Mass.,  Md.,  'Mich.,  Miss.,  .Mo.,  Mon.,  Nev.,  N.  J.,  N.  Mex., 
X.  Y.,  Ohio,  Okla.,  Ore.,  R.  I.,  S.  C.,  Tenn.,  Tex.,  Va.,  Wis.,  Wyo. 

20  Arizona    School    Laws,    1912,    p.    47,    sec.    113. 


82  STATE  CONTROL  OF  INSTRUCTION 

observed    as  well,  either    in  connection    with  arbor    day  or  as  a 
separate  day.     Thus  the  law  in  Louisiana  requires : 

"The  State  and  Parish  Boards  of  Public  Education  are  di- 
rected to  provide  for  the  celebration,  by  all  public  schools,  of 
'Bird  Day,1  on  May  fifth  of  each  year,  being  the  anniversary  of 
the  birth  of  John  James  Audobon,  the  distinguished  son  of  Loui- 
siana. On  the  recurring  anniversary  days,  suitable  exercises  are 
to  be  engaged  in,  and  lessons  on  the  economic  and  esthetic  value 
of  the  resident  and  migratory  birds  of  the  state  are  to  be  taught 
by  the  teachers  to  their  pupils."30 

HUMANE  EDUCATION. 

Closely  allied  to  this  is  humane  education,  i.  e.,  the  teaching 
of  kind  treatment  of  animals,  which  is  required  by  law  in  four- 
teen of  the  states,31  and  in  Hawaii.  The  law  in  South  Dakota 
requires : 

"There  shall  be  taught  in  the  public  schools  of  this  state,  in 
addition  to  other  branches  of  study  as  now  prescribed,  a  system 
of  humane  treatment  to  animals.  Each  school  supported  wholly 
or  in  part  by  the  public  funds  of  this  state,  in  any  county  or  city 
thereof,  shall  instruct  all  scholars  in  the  laws  of  this  state  as  em- 
bodied in  the  penal  code,  or  other  laws  pertaining  to  the  humane 
treatment  of  animals,  and  in  such  studies  on  the  subject  as  the 
board  of  education  having  supervision  thereof  may  adopt,  such  in- 
struction to  consist  of  not  less  than  one  lesson  of  ten  minutes  each 
during  each  week  of  the  school  year.  But  no  experiment  upon 
live  animals  to  demonstrate  facts  in  physiology  shall  be  permitted 
in  any  school  in  this  state."32 

Similarly  North  Dakota  requires : 

"There  shall  be  taught  in  the  public  schools  of  North  Dakota, 
in  addition  to  the  other  branches  of  study  now  prescribed,  instruc- 
tion in  the  humane  treatment  of  animals ;  such  instruction  shall  be 
oral  and  to  consist  of  not  less  than  two  lessons  of  ten  minutes 
each  per  week."33 

In  this  connection,  reference  should  be  made  to  the  important 
movement  to  teach  in  the  public  schools,  laws  of  sanitation  and 
the  nature  of  communicable  diseases  and  their  prevention.  The 
Massachusetts  law  provides  for  special  instruction  in  tuberculosis 
and  its  prevention.  Michigan  requires  that  the  methods  of  pre- 


so  Louisiana   School   Laws,    1912,   p.    64,    sec.    14. 

3iCal.,    Col.,    Del.,    111.,    Mich.,    N.    H.,    No.    Dak.,    Okla.,    Pa..    So.    Dak., 
Tex.,   Wash.,   Wis.,   Wyo. 

32  South   Dakota  School   Laws,    1911,   p.    41,   sec.    144. 

33  North    Dakota   School    Laws,    1911,   p.    85,    sec.    272. 


SPECIAL  ELEMENTS  OF  CURRICULUM  83 

vention  and  restriction  of  communicable  diseases  be  taught. 
Montana,  in  1909,  provided  for  the  teaching,  each  year,  of  the 
modes  by  which  communicable  diseases  spread  and  the  method  of 
their  restriction  and  prevention.  Utah,  in  1907,  enacted: 

"There  shall  be  established  in  the  normal  schools  of  the 
state,  and  in  the  public  schools,  beginning  with  the  eighth  grade, 
a  course  of  instruction  upon  the  subject  of  sanitation,  and  the 
cause  and  prevention  of  disease.  It  shall  be  the  duty  of  the  State 
Board  of  Education  and  the  State  Board  of  Health,  acting  con- 
jointly, to  prepare  a  course  of  study  to  carry  out  the  provisions 
of  this  act."34 

In  the  Amendments  to  School  Law  of  New  Jersey,  1912  and 
1913,  is  found  the  following: 

"It  shall  be  the  duty  of  each  teacher  in  any  public  school  in 
the  State  of  New  Jersey  to  devote  not  less  than  thirty  minutes  in 
each  month  to  instructing  the  pupils  thereof  as  to  ways  and  means 
of  preventing  accidents." 

It  is  made  the  duty  of  the  Commissioner  of  Education  and 
the  Commissioner  of  Labor  to  prepare  a  suitable  book  for  such 
instruction. 

A  recent  law  in  Indiana  regarding  the  teaching  of  hygiene 
in  schools  contains  the  following  provision: 

"And  it  shall  be  the  duty  of  the  trustees  of  the  several  town- 
ships and  the  boards  of  school  trustees  of  the  several  cities  and 
towns  in  the  state,  to  make  provisions  in  the  public  schools  under 
their  jurisdicton  for  the  illustrative  teaching  of  the  anatomy, 
physiology  and  hygiene  of  the  human  system ;  the  effects  of  alco- 
hol and  nicotine ;  the  cause  and  course  of  consumption ;  the  dis- 
semination of  diseases  by  rats,  flies,  and  mosquitoes,  and  the  ef- 
fects thereof,  and  the  prevention  of  diseases  by  the  proper  selec- 
tion and  consumption  of  food." 

The  General  Assembly  of  Ohio,  in  1913,  passed  a  similar  law 
to  that  of  New  Jersey  above  quoted. 

All  of  the  subjects  before  discussed,  forcibly  illustrate  the  cen- 
tralizing tendency  in  education.  Within  a  quarter  of  a  century 
were  enacted  .the  laws  requiring  the  teaching  of  the  effects  of  al- 
coholic drinks  and  narcotics  on  the  human  system.  In  Vermont, 
in  1882,  was  passed  the  first  law  on  this  subject  in  this  country. 
Today  it  is  compulsory  throughout  the  union.  Less  than  forty 
years  ago,  were  taken  the  first  steps  in  regard  to  the  observance 


34  Utah    School   Daw,   '33,   p.    33,   sec.   1829x. 


84  STATE  CONTROL  OF  INSTRUCTION 

ct  arbor  day.  Today  it  is  generally  observed  throughout  the 
United  States.  In  the  year  1907  alone,  seven,  states  passed  laws 
pertaining  to  the  display  of  the  United  States  flag,  a  movement 
indicative  of  the  general  effort  on  the  part  of  the  states  to  make 
of  the  public  school  an  institution  for  the  training  of  loyal  patri- 
otic citizens.  Thus  more  and  more,  slowly  in  some  lines,  more 
rapidly  in  others,  the  state  is  assuming  control  of  the  public 
schools,  directing  not  only  the  subjects  of  study,  but  what  shall 
be  taught  in  these  subjects. 


MORAL  AND  RELIGIOUS  EDUCATION  85 


CHAPTER  VI. 

MORAL  AND  RELIGIOUS  EDUCATION. 
THE  DEMAND  FOR  MORAL  TRAINING. 

Whatever  may  be  the  view  held  as  to  the  means  and  method 
of  moral  education,  its  need  is  universally  admitted.  Many  and 
complex  are  the  problems  requiring  solution.  Labor  and  industry 
are  becoming  so  diversified,  society  so  complex  and  interrelated 
that  the  moral  choice  of  the  individual  is  attaining  an  ever  wider 
and  more  far-reaching  effect.  While  the  decrease  of  illiteracy 
and  the  wonderful  achievements  in  science  and  art  are  unmistak- 
able evidence  of  intellectual  advance,  evidence  seems  to  be  lacking 
for  a  corresponding  growth  in  morality.  Indeed,  many  see  in  the 
evils  and  crimes  of  the  social,  political,  and  economic  world,  indis- 
putable proofs  of  moral  decline. 

In  the  early  colonial  days,  as  has  been  seen,1  churches  and 
schools  were  intimately  related,  and  the  latter  were  dominated  by 
religious  control  as  well  as  instruction.  Even  when  the  separa- 
tion of  church  and  state  had  become  an  acknowledged  principle  of 
American  polity,  religious  instruction  was  still  looked  upon  as  an 
essential  part  of  the  curriculum.  The  Ordinance  of  1787  con- 
tained these  words : 

"Religion,  morality  and  knowledge  being  necessary  for  good 
government,  schools  and  the  means  of  education  shall  forever  be 
encouraged." 

Several  states  incorporated  this  declaration  into  their  con- 
stitutions. In  time,  however,  a  new  order  of  things  set  in.  With 
the  growth  of  a  spirit  of  democracy  which  chafed  under  religious 
authority  and  leadership,  with  the  influx  of  foreigners  of  all 
creeds  and  kinds,  with  the  increasing  control  of  the  state  over 
public  education,  the  public  schools  have  become  more  and  more 


i  Chapter  I,   p.    12. 


86  STATE  CONTROL  OF  INSTRUCTION 

secular,  and  religious  teaching  has  disappeared  from  the  school. 
It  is  believed  that  moral  training  can  no  longer  be  left  wholly  to 
the  home  and  the  church,  but  that  the  public  school  must  do  its 
part  in  the  building  of  character  in  which  rests  the  real  strength 
of  society  and  the  state.  It  is  held  by  some  that  the  teaching  of 
the  usual  branches  of  study  does  not  result  in  ethical  development, 
and  that  it  is  necessary  to  supplement  this  by  some  scheme  of 
formal  training  in  morals.  Thus  it  has  resulted  that  moral  educa- 
tion has  become  a  matter  of  state  control  and  made  one  of  the 
required  subjects  of  study. 

LEGAL  PROVISIONS  FOR  MORAL  INSTRUCTION. 

California,  Delaware,  Florida,  Idaho,  Indiana,  Maryland, 
Massachusetts,  Minnesota,  Montana,  North  Dakota.  Oklahoma, 
South  Carolina,  South  Dakota,  Utah,  Vermont,  Virginia,  Wash- 
ington and  Wisconsin,  have  thus  made  legal  provision.2  While  in 
most  cases  the  statute  merely  mentions  the  subject,  in  some  cases 
it  is  more  specific.  Thus  the  Utah  law  declares : 

"Moral  instruction  tending  to  impress  upon  the  minds  of  the 
pupils  the  importance  of  good  manners,  truthfulness,  temperance, 
purity,  patriotism,  and  industry,  shall  be  given  in  every  district 
school,  and  all  such  schools  shall  be  free  from  sectarian  control."3 

The  statute  of  Virginia  requires : 

"Provision  shall  further  be  made  for  moral  education  in  the 
public  schools  to  be  extended  throughout  the  entire  course.  Such 
instruction  shall  be  imparted  by  reading  books  and  textbooks  in- 
culcating the  virtues,  of  a  pure  and  noble  life.  The  textbooks 
shall  be  selected,  as  are  other  textbooks,  by  the  State  Board  of 
Education.'"'4 

The  law  in  Massachusetts  is  more  comprehensive  than  any 
other. 

"The  president,  professors,  and  tutors  of  the  university  at 
Cambridge,  and  of  the  several  colleges,  all  preceptors  and  teachers 
of  academies  and  all  other  instructors  of  youth,  shall  exert  their 
best  endeavors  to  impress  on  the  minds  of  children  and  youth 
committed  to  their  care  and  instruction  the  principles  of  piety  and 
justice  and  a  sacred  regard  for  truth,  love  of  their  country,  hu- 
manity and  universal  benevolence,  sobriety,  industry  and  frugality, 
chastity,  moderation  and  temperance,  and  those  other  virtues 
which  are  the  ornament  of  human  society,  and  the  basis  upon 

2  For    code    reference    see    appendix. 

3  Utah    School   Laws,    1913,   p.    45,    sec.    1848. 

4  Virginia   School    Laws,    1911,    p.    71,    sec.    83. 


MORAL  AND  RELIGIOUS  EDUCATION  87 

which  republican  constitution  is  founded;  and  they  shall  endeavor 
to  lead  their  pupils  as  their  ages  and  capacities  will  admit,  into  a 
clear  understanding  of  the  tendency  of  the  above  mentioned  vir- 
tues to  preserve  and  perfect  a  republican  constitution  and  secure 
the  blessings  of  liberty,  as  well  as  to  promote  their  future  hap- 
piness, and  also  to  point  out  to  them  the  evil  tendency  of  the  op- 
posite vices."5 

CONSTITUTIONAL  PROVISIONS  REGARDING  RELIGIOUS  INSTRUCTION. 
Though  the  separation  of  church  and  state  has  become  a 
recognized  principle  in  the  United  States,  the  intimate  relation 
of  morality  and  religion,  the  belief  of  many  that  the  former  can- 
not be  taught  divorced  from  the  latter,  together  with  the  many 
and  diverse  views  on  matters  of  religion,  have  been  instrumental 
in  bringing  into  prominence  the  question  of  religious  teaching  and 
sectarianism  in  the  public  school.  Constitutionally,  but  few  pro- 
visions are  made  respecting  the  subject.  Connecticut,  Indiana, 
Iowa,  Maine,  Maryland,  New  Jersey,  Oklahoma,  Oregon,  Rhode 
Island,  Tennessee  and  West  Virginia,  are  silent  on  the  subject. 
Where  provisions  are  found,  they  are  largely  against  appropri- 
ations for  religious,  denominational,  or  sectarian  instruction. 
Thirty  states,  Alabama,  Arkansas,  California,  Colorado,  Delaware, 
Florida,  Idaho,  Illinois,  Kentucky,  Louisiana,  .  Massachusetts, 
Michigan,  Minnesota,  Mississippi,  Missouri,  Montana,  Nevada, 
Xew  Hampshire,  New  York,  North  Carolina,  North  Dakota, 
Ohio,  Pennsylvania,  South  Carolina,  South  Dakota,  Texas,  Utah, 
Virginia,  Wisconsin,  Wyoming,  prohibit  such  support.  Georgia 
alone  provides  for  appropriations  to  other  than  public  schools. 
In  the  constitutions  of  only  twelve  states  is  any  reference 
made  to  religious  or  sectarian  instruction,  which  in  each  case 
is  prohibited.  Idaho  provides  against  the  use  of  sectarian  books 
and  further,  together  with  Colorado,  Montana  and  Wyoming,  de- 
clares that  attendance  at  any  religious  exercises,  whatsoever,  in 
public  schools  shall  not  be  required  of  teacher  or  student.  In  the 
constitutions  of  Kansas,  North  Dakota,  South  Dakota,  Utah  and 
Washington,  it  is  declared  that  the  pubilc  school  shall  be  free 
from  sectarian  control.  In  Nevada,  any  school  may  be  deprived 
of  its  proportional  share  of  the  interest  of  the  school  fund,  and  in 
Arizona  a  teacher  using  sectarian  books,  teaching  sectarian  doc- 


5  Massachusetts    School    Laws,    1911,    p.    24,    sec.    18. 


88  STATE  CONTROL  OP  INSTRUCTION 

trines,  or  giving  religions  instruction,  may  have  his  certificate 
revoked.  Bible  reading,  per  se,  is  not  prohibited  in  any  constitu- 
tion. Mississippi,  though  denyng  financial  support  for  sectarian 
purposes,  is  the  one  state  stipulating  in  her  constitution  that  the 
Bible  shall  not  be  excluded  from  her  public  schools.6 

STATUTORY  PROVISIONS  REGARDING  RELIGIOUS  INSTRUCTION. 

In  many  of  the  statutes,  the  provisions  of  the  constitutions 
are  either  re-affirmed  or  supplemented.  Alabama,  Connecticut, 
Delaware.  Florida,  Louisiana,  Maine,  Minnesota,  Mississippi, 
Missouri,  Nebraska,  New  Mexico,  New  York,  Ohio,  Oklahoma, 
Oregon,  Rhode  Island,  South  Carolina,  Tennessee,  Vermont, 
Virginia,  West  Virginia  and  Wyoming,  have  no  school  laws  on 
the  subject.  Arizona,  Arkansas,  California,  Georgia,  Kentucky, 
Maryland,  Massachusetts,  Montana,  Nevada,  New  Hampshire, 
North  Carolina  and  Wisconsin,  prohibit  the  use  of  sectarian 
books ;  Arizona,  California,  Colorado,  Idaho,  Kansas,  Montana, 
Nevada,  South  Dakota,  Utah,  and  the  territory  of  Hawaii, 
sectarian  instruction ;  Washington,  sectarian  control ;  and  Ill- 
inois, Michigan,  South  Dakota,  and  Texas,  appropriation  for 
religious  or  sectarian  purposes.  Georgia,  Indiana,  Iowa,  Kansas, 
Massachusetts,  New  Jersey,  North  Dakota,  Pennsylvania,  South 
Dakota,  provide  in  their  statutes  that  the  Bible  shall  not  be  ex- 
cluded. It  is  interesting  to  note  that  a  number  of  these  states, 
though  retaining  the  Bible  in  the  public  school,  prohibit  either  the 
use  of  sectarian  books  or  sectarian  instruction.  Thus  the  lav/  in 
North  Dakota  provides: 

"The  Bible  shall  not  be  deemed  a  sectarian  book.  It  shall 
not  be  excluded  from  any  public  school.  It  may  at  the  option  of 
the  teacher  be  read  in  school  without  sectarian  comment,  not  to 
exceed  ten  minutes  daily.  No  pupil  shall  be  required  to  read  it, 
nor  be  present  in  the  school  room  during  the  reading  thereof, 
contrary  to  the  wishes  of  his  parents  or  guardian  or  other  person 
having  him  in  charge.-"7 

6  "No  religious  test  as  a  qualification  for  office  shall  be  required; 
and  no  preference  shall  be  given  by  law  to  any  religious  sect  or  mode 
of  worship;  but  the  free  enjoyment  of  all  religious  sentiments  and  the 
different  modes  of  worship  shall  be  held  sacred.  The  rights  hereby  se- 
cured shall  not  be  construed  to  justify  acts  of  licentiousness  injurious 
to  morals  or  dangerous  to  the  peace  and  safety  of  the  state,  or  to  ex- 
clude the  Holy  Bible  from  use  in  any  public  school  of  this  state." — Miss., 
art.  1,  sec.  18. 

"  Xorth   Dakota   School   Laws,    1911,   p.    86,    sec.    276. 


MORAL  AND  RELIGIOUS  EDUCATION  89 

Massachusetts  not  only  declares  against  the  exclusion  of  the 
Bible,  but  requires  its  use.  The  law  demands: 

"A  portion  of  the  Bible  shall  be  read  daily  in  the  public 
schools,  without  written  note  or  oral  comment ;  but  a  pupil  whose 
parent  or  guardian  informs  the  teacher  in  writing  that  he  has 
conscientious  scruples  against  it,  shall  not  be  required  to  read 
from  any  particular  version,  or  to  take  any  personal  part  in  the 
reading.  The  school  committee  shall  not  purchase  or  use  school 
books  in  the  public  schools  calculated  to  favor  the  tenets  of  any 
particular  religious  sect."8 

Similarly  the  law  of  Pennsylvania  requires: 
"That  at  least  ten  verses  from  the  Holy  Bible  shall  be  read, 
or  caused  to  be  read,  without  comment,  at  the  opening  of  each  and 
every  public  school,  upon  each  and  every  school  day  by  the 
teacher  in  charge;  Provided,  That  where  any  teacher  has  other 
teachers  under  and  subject  to  direction,  then  the  teacher  exercising 
this  authority  shall  read  the  Holy  Bible,  or  cause  it  to  be  read,  as 
herein  directed. 

"That  if  any  school  teacher  whose  duty  it  shall  be  to  read 
the  Holy  Bible,  or  cause  it  to  be  read,  as  directed  in  this  act,  shall 
fail  or  omit  so  to  do,  said  school  teacher  shall,  upon  charges  pre- 
ferred for  such  failure  or  omission,  and  proof  of  the  same^  before 
the  governing  board  of  the  school  district,  be  discharged."9 

LEGAL  DECISIONS  REGARDING  RELIGIOUS  INSTRUCTION. 

While  the  states  thus  differ  in  their  constitutional  and  statu- 
tory provisions  on  this  subject,  there  is  no  more  unanimity  in  the 
legal  decisions.  The  courts  basing  their  decisions  on  these  pro- 
visions or  lack  of  provisions  have,  necessarily,  arrived  at  differ- 
ent conclusions. 

Most  of  the  decisions  on  this  subject  have  centered  around 
the  reading  of  the  Bible.  One  of  the  earliest  cases  was  that  of 
Donahue  v.  Richards,  of  Maine,  in  1854.  Although  Bible  read- 
ing was  the  real  cause  of  it,  the  decision  hinged  on  the  authority 
of  the  Superintending  School  Committee.  This  was  an  action 
brought  by  the  plaintiff,  through  her  father,  against  the  Superin- 
tending School  Committee  to  recover  damages  for  "maliciously, 
wrongfully  and  unjustifiably"  expelling  her  from  one  of  the  town 
schools  for  refusing  to  read  in  the  school  the  Protestant  version 


8  Massachusetts    School   Daws,    1911,    p.    25,    sec.    19. 

9  Pennsylvania    School    Laws,    1913,    p.    156,    art.    J. 


90  STATE  CONTROL  OF  INSTRUCTION 

of  the  English  Bible,  which  had  been  ordered  to  be  used  therein. 
The  court  decided: 

1.  'That  the  legislature  have  reposed  with  the  Superintend- 
ing School  Committee  the  power  of  directing  the  general  course 
of  instruction,  and  what  books  shall  be  used  in  the  schools  ;  and 
they  may  rightfully  enforce  obedience  to  all  regulations  by  them 
made  within  the  sphere  of  their  authority. 

2.  "For  the  refusal  to  read  a  book  thus  prescribed,  the  com- 
mittee may  expel  such  disobedient  pupil. 

3.  "No  scholar  can  escape  such  requirement  on  the   plea 
that  his  conscience  will  not  allow  the  reading  of  such  a  book. 

4.  "Nor  can  the  ordinance  be  nullified,  because  the  church 
of  which  the  scholar  is  a  member  holds  that  it  is  a  sin  to  read  the 
book  prescribed. 

5.  "That  a  law  is  not  unconstitutional  because  it  may  pro- 
hibit what  one  may  conscientiously  think  right  or  require  what 
he  may  conscientiously  think  wrong. 

6.  "A  requirement  by  the  Superintending  School  Committee 
that  the  Protestant  version  of  the  Bible  shall  be  read  in  the  public 
schools  by  the  scholars  who  are  able  to  read  is  in  violation  of  no 
constitutional  provision  and  is  binding  upon  all  members  of  the 
school,  although  composed  of  diverse  religious  sects." 

Judge  Appleton  in  giving  the  decision  of  the  court  said  in 
part  that: 

"The  common  schools  are  not  for  the  purpose  of  instruction 
in  the  theological  doctrines  of  any  religion,  or  of  any  sect.  The 
state  regards  no  one  sect  as  superior  to  any  other — and  no  theo- 
logical views  as  peculiarly  entitled  to  precedence.  It  is  no  part 
of  the  duty  of  the  instructor  to  give  theological  instruction,  and 
if  the  peculiar  tenet  of  any  particular  sect  were  so  taught  it  would 
furnish  a  well  grounded  cause  of  complaint  on  the  part  of  those 
who  entertained  different  or  opposing  religious  sentiments.  But 
the  instruction  here  given  is  not  in  fact,  and  is  not  alleged  to  have 
been  in  articles  of  faith.  No  theological  doctrines  were  taught. 
The  creed  of  no  sect  was  affirmed  or  denied.  The  truth  or  false- 
hood of  the  book,  in  which  the  scholars  were  required  to  read,  was 
riot  asserted.  No  interference  by  way  of  instruction,  with  the 
views  of  the  scholars,  whether  derived  from  parental  or  sacerdotal 
authority  is  shown.  The  Bible  was  used  merely  as  a  book  in 
which  instruction  in  reading  was  given.  But  reading  the  Bible 
is  no  more  an  interference  with  religious  belief  than  would  read- 
ing the  mythology  of  Greece  or  Rome  be  regarded  as  interfering 
with  religious  belief  or  an  affirmance  of  the  pagan  creeds.  A 
chapter  in  the  Koran  might  be  read,  yet  it  would  not  be  an  af- 


MORAL  AND  RELIGIOUS  EDUCATION  91 

formation  of  the  truth  of  Mohamedanism,  or  an  interference  with 
religious  faith."10 

Another  decision  which  likewise  declared  the  authority  of 
school  boards,  though  producing  the  opposite  effect  in  this  case, 
was  given  several  decades  later.  The  Board  of  Education  of  Cin- 
cinnati, in  1872,  had  adopted  a  resolution  prohibiting  religious  in- 
struction and  the  reading  of  religious  books,  including  the  holy 
Bible,  in  the  common  schools  of  Cincinnati,  and  repealing  so 
much  of  the  regulation  on  the  course  of  study  and  text-books  as 
provided  for  the  reading  of  a  portion  of  the  Bible  by,  or  under 
the  direction  of  the  teacher,  and  appropriate  singing  by  the  pupils. 
Suit  was  brought  in  the  Superior  Court  of  Cincinnati  to  enjoin 
the  Board  from  carryng  into  effect  these  resolutions.  Injunc- 
tion being  granted,  the  case  was  appealed  to  the  Supreme  Court 
which  decided: 

1.  "The  constitution  of  the  state  does  not  enjoin  or  require 
religious  instruction,  or  the  reading  of  religious  books,  in  the  pub- 
lic schools  of  the  state. 

2.  "The  legislature  having  placed  the  management  of  the 
public  schools  under  the  exclusive  control  of  directors,  trustees,, 
and  boards  of  education,  the  courts  have  no  rightful  authority 
to  interfere  by  directing  what  instruction  shall  be  given  or  what 
books  shall  be  read  therein."11 

This  decision  thus  made  religious  instruction  optional  with 
the  school  board,  and  asserted  the  right  of  the  board  to  enforce 
the  aforesaid  resolution. 

A  most  important  case,  determining  the  right  of  the  town 
school  committee  to  pass  rules  and  regulations  for  the  manage- 
ment of  the  schools,  especially  with  reference  to  the  opening  ex- 
ercises involving  the  use  of  the  Bible  was  decided  in  the  Massa- 
chusetts Court  in  1866.  The  superintending  school  committee  of 
the  town  of  Woburn  passed  an  order  that  the  schools  of  the  town 
should  be  opened  each  morning  with  reading  from  the  Bible  and 
prayer,  and  that  during  the  prayer  the  scholars  should  bow  their 
heads.  One  Ella  R.  Spiller  refused  to  comply  with  such  order 
and,  largely  because  of  the  objection  of  the  plaintiff's  father  to 
the  latter  portion  of  this  order,  the  committee  afterwards  modified 
it  and  directed  that  any  scholar  should  be  excused  from  bowing 

loB'onahue   v.    Richards,    38    Me.,    379. 

11  The    Board    of    Education    of    the    City     of    Cincinnati    v.     John    D. 
Minor,    23    Ohio   State,    211. 


92  STATE  CONTROL  OF  INSTRUCTION 

the  head  whose  parent  requested  it.  The  plaintiff's  father,  how- 
ever, declined  to  make  such  request  and  directed  his  daughter  not 
to  obey  that  part  of  the  order.  Persisting  in  her  refusal  to  bow 
her  head  during  prayer,  she  was  excluded  from  the  school  until 
she  should  do  so  or  her  parent  request  that  she  should  be  excused 
therefrom.  Suit  was  brought  for  damages,  and  the  court  held 
that  her  exclusion  from  the  school  was  justifiable  and  furnished 
no  ground  for  action.  Chief  Justice  Bigelow,  in  giving"  the  unani- 
mus  opinion  of  the  court,  composed  of  six  judges,  said  in  part : 

"The  power  of  the  school  committee  of  a  town  to  pass  all 
reasonable  rules  and  regulations  for  the  government,  discipline, 
and  management  of  the  public  schools  under  their  general  charge 
and  superintendence  is  clear  and  unquestionable.  Equally  clear 
is  it  that  the  committee  of  the  town  of  Woburn  did  not  exceed 
their  authority  in  passing  an  order  that  the  Bible  should  be  read 
and  prayer  offered  at  the  opening  of  the  schools  on  the  morning 
of  each  day.  No  more  appropriate  method  could  be  adopted  of 
keeping  in  the  minds  of  both  teachers  and  scholars  that  one  of 
the  chief  objects  of  education,  as  declared  by  the  statutes  of  this 
commonwealth,  and  which  teachers  are  especially  enjoined  to 
carry  into  effect,  is  to  impress  on  the  minds  of  the  children  and 
youth  committed  to  their  care  and  instruction  the  principles  of 
piety  and  justice  and  a  sacred  regard  for  truth."12 

In  the  independent  district  of  Bloomfield,  Iowa,  the  teachers 
were  accustomed  to  occupy  a  few  minutes  each  morning  in  read- 
ing selections  from  the  Bible,  in  repeating  the  Lord's  prayer,  and 
singing  religious  songs.  Action  was  brought  in  the  district  court 
against  the  teachers  of  the  school  and  directors  of  the  district, 
praying  for  an  injunction  to  prevent  the  continuance  of  such  ex- 
ercise. The  court  refused  to  grant  the  injunction,  and  the  case 
was  appealed  to  the  Supreme  Court,  which  held  that  the  injunc- 
tion was  properly  denied  and  unanimously  affirmed  the  decision 
of  the  lower  court.  Justice  Adams,  in  giving  the  decision,  said 
in  part: 

"The  plaintiff  concedes  that  under  section  1764  of  the  Code 
of  Iowa,  if  constitutional,  neither  the  school  directors  nor  the 
courts  have  the  power  to  exclude  the  Bible  from  the  public 
schools.  The  provision  of  the  statute  is  in  these  words :  'The 
Bible  shall  not  be  excluded  from  any  school  or  institution  in  this 
state,  nor  shall  any  pupil  be  required  to  read  it  contrary  to  the 
wishes  of  his  parent  or  guardian.'  Under  this  provision  it  is  a 

i2Dlla   R.    Spiller   v.    Inhabitants   of    Woburn,    12    Allen,    127. 


MORAL  AND  RELIGIOUS  EDUCATION  93 

matter  of  individual  opinion  with  school  teachers  whether  they 
will  use  the  Bible  in  their  schools  or  not,  such  option  being  re- 
stricted only  by  the  provision  that  no  pupil  shall  be  required  to  read 
k  contrary  to  the  wishes  of  parent  or  guardian.  The  plaintiff  in- 
sists, however,  that  it  is  unconstitutional.  The  provision  of  the 
constitution  with  which  it  is  said  to  conflict  is  art.  1,  sec.  3,  bill  of 
rights,  providing, — 'The  general  assembly  shall  make  no  law  re- 
spectng  an  establishment  of  religion,  or  prohibiting  the  free  ex- 
ercise thereof ;  nor  shall  any  person  be  compelled  to  attend  any 
place  of  worship,  pay  tithes,  or  other  rates,  for  building  or  repair- 
ing places  of  worship,  or  the  maintenance  of  any  minister  or  min- 
istry.' The  plaintiff's  position  is  that  by  the  use  of  the  school 
house  as  a  place  for  reading  the  Bible,  repeating  the  Lord's 
prayer  and  singing  religious  songs,  it  is  made  a  place  of  worship ; 
and  so  his  children  are  compelled  to  attend  a  place  of  worship 
and  he  as  taxpayer  is  compelled  to  pay  taxes  for  building  and  re- 
pairing a  place  of  worship.  He  can  conceive  that  exercises  like 
those  described  might  be  adopted  with  other  views  than  those  of 
worship,  and  possibly  they  are  in  the  case  at  bar ;  but  it  is  hardly 
to  be  presumed  that  this  is  wholly  so.  For  the  purposes  of  the 
opinion  it  may  be  conceded  that  the  teachers  do  not  intend  to 
wholly  exclude  the  idea  of  worship.  It  would  follow  from  such 
concession  that  the  schoolhouse  is,  in  some  sense,  for  the  time 
being,  made  a  place  of  worship.  But  it  seems  to  us  that  if  we 
should  hold  the  schoolhouse  a  place  of  worship,  even  conceding 
the  Bible  reading  complained  of  to  be  for  the  purpose  of  religious 
worship,  we  should  put  a  very  strained  meaning  on  the  constitu- 
tion. The  object  of  the  provision,  we  think,  is,  not  to  prevent  the 
casual  use  of  a  public  building  as  a  place  for  offering  prayer  or 
doing  acts  of  religious  worship,  but  to  prevent  the  enactment  of 
a  law  whereby  any  person  can  be  compelled  to  pay  taxes  for 
building  or  repairing  any  place  designed  to  be  used  distinctively 
as  a  place  of  worship.  .  .  .  We  do  not  think,  indeed,  that 
the  plaintiff's  real  objection  grows  out  of  the  matter  of  taxation. 
We  infer  from  his  argument  that  his  real  objection  is  that  the  re- 
ligious exercises  are  made  a  part  of  the  educational  system  into 
which  his  children  must  be  drawn,  or  made  to  appear  singular, 
and  perhaps  be  subjected  to  some  inconvenience.  But.  so  long 
as  the  plaintiff's  children  are  not  required  to  be  in  attendance  at 
the  exercises,  we  cannot  regard  the  objection  as  one  of  great 
weight.  Besides,  if  we  regarded  it  as  of  greater  weight  than  we 
do,  we  should  have  to  say  that  we  do  not  find  anything  in  the 
constitution  or  law  upon  which  the  plaintiff  can  properly  ground 
his  application  for  relief."1 


is  Moore    v.    Monroe,    64    Iowa,    367. 


94  STATE  CONTROL  OF  INSTRUCTION 

In  recent  years,  the  decisions  for  and  against  the  use  of  the 
Bible  have  been  about  equally  divided.  In  1890  was  decided  the 
widely  noted  Edgerton  case,  which  practically  put  the  Bible  out 
of  the  public  schools  of  Wisconsin.  This  was  the  first  case  in- 
volving the  question  of  sectarian  instruction  in  any  state  whose 
constitution  contains  a  direct  prohibition  of  sectarian  instruction 
in  the  public  schools.  In  the  city  of  Edgerton  a  number  of 
teachers  were  accustomed  to  read  each  morning  at  the  opening  of 
school  selections  from  the  King  James'  version  of  the  Bible.  A 
number  of  residents  and  taxpayers  of  the  district,  members  of  the 
Roman  Catholic  Church,  having  children  in  school,  objected  and 
asked  that  such  practice  be  discontinued.  The  board,  however, 
refused  to  do  so  and  the  case  came  into  the  courts.  The  circuit 
court  denied  the  writ  of  mandamus  asked  to  compel  the  board  to 
have  Bible  reading  stopped,  but  the  Supreme  Court  reversed  the 
decision. 

The  constitutional  objections  urged  by  the  petitioners  were 
(1)  that  it  violated  the  right  of  conscience,  (2)  that  it  compelled 
them  to  aid  in  the  support  of  a  place  of  worship  against  their  con- 
sent, it  was  sectarian  instruction.  The  decision  included  the  fol- 
lowing : 

''The  courts  will  take  judicial  notice  of  the  contents  of  the 
Bible,  that  the  religious  world  is  divided  into  numerous  sects,  and 
of  the  general  doctrines  maintained  by  each  sect. 

"The  use  of  any  version  of  the  Bible  as  a  textbook  in  the 
public  schools,  and  the  stated  reading  thereof  in  such  schools  by 
the  teachers,  without  restriction,  though  unaccompanied  by  any 
comment,  has  a  tendency  to  inculcate  sectarian  ideas,  within  the 
meaning  of  sec.  3,  ch.  251,  Laws  of  1883,  and  is  sectarian  instruc- 
tion within  the  meaning  of  sec.  3,  art.  10,  of  the  constitution. 

"But  textbooks  founded  upon  the  fundamental  teachings  of 
the  Bible  or  which  contain  extracts  therefrom  and  such  portions 
of  the  Bible  as  are  not  sectarian,  may  be  used  in  the  secular  in- 
struction of  the  pupils  and  to  inculcate  good  morals. 

"The  fact  that  the  children  of  the  petitioners  are  at  liberty 
to  withdraw  from  the  schoolroom  during  the  reading  of  the 
Bible  does  not  remove  the  ground  of  complaint. 

"The  stated  reading  of  the  Bible  as  a  textbook  in  the  pub- 
lic schools  may  be  worship  and  the  schoolhouse  thereby  become 
for  the  time  being  a  place  of  worship  within  the  meaning  of  sec. 
18,  art.  II,  constitution ;  and  to  such  use  of  the  schoolhouse  the 


MORAL  AND  RELIGIOUS  EDUCATION  95 

lax  payers,  who  are  compelled  to  aid  in  its  erection  and  in  the 
maintenance  of  the  school  have  a  legal  right  to  object."14 

Michigan  has  no  provision  regarding  sectarian  instruction  or 
the  use  of  sectarian  books,  neither  in  her  constitution  nor  in  her 
statutes.  In  Pfeiffer  v.  Board  of  Education  of  Detroit,  in  1898, 
it  was  sought  to  compel  the  board  of  education  of  the  city  of  De- 
troit to  discontinue  the  use  in  the  public  schools  of  a  book  known 
as  "Readings  from  the  Bible."  The  Supreme  Co'urt  in  reversing 
the  order  of  the  circuit  court  granting  the  writ  of  mandamus  de- 
cided : 

1.  "A  constitutional   provision  could  not  mean  one  thing 
at  the  time  of  its  adoption,  and  another  thing  at  a  subsequent 
time,  and  hence  it  is  to  be  construed  with  reference  to  the  state 
of  the  law  at  the  time  of  such  adoption,  and  to  the  practice  and 
usages  then  prevailing. 

2.  "Judicial  notice  may  be  taken  of  the  practice,  which  has 
obtained  for  many  years  in  the  public  schools,  of  reading  from 
the  Bible  and  offering  prayer  in  the  presence  of  pupils. 

3.  "The  use  in  the  public  schools,  for  fifteen  minutes  at  the 
close  of  each  day's  session,  as  a  supplemental  textbook  on  read- 
ing, of  a  book    entitled.     'Readings    from  the    Bible/    which    is 
largely  made   up  of   extracts    from  the    Bible,    emphasizing   the 
moral  precepts  of  the  Ten  Commandments,  where  the  teacher  is 
forbidden  to  make   any   comment  upon   the  matter  therein   con- 
tained, and  is  required  to  excuse  from  that  part  of  the  session 
any  pupil  upon   application   of  his  parent  or   guardian,  is  not    a 
violation  of  the  State  Constitution,  article  4,  §  41,  prohibiting  the 
legislature  from  diminishing  or  enlarging  the  civil  or  political 
rights,  privileges,  and  capacities  of  any  person  on  account  of  his 
opinion  or  belief  concerning  matters  of  religion. 

4.  "Nor  is  it  a  violation  of  article  4,  §  40,  providing  that  no 
money  shall  be  appropriated  or  drawn  from  the  treasury  for  the 
benefit  of  any  religious  sect  or  society,    theological   or  religious 
seminary,  nor  shall  property  belonging  to  the  state  be  appropri- 
ated for  any  such  purpose. 

5.  "Nor  is  it  a  violation  of  article  4,  §  39,  providing  that 
'the  legislature  shall  pass  no  law  to  prevent  any  person  from  wor- 
shipping Almighty  God  according  to  the  dictates  of  his  own  con- 
science,' or  to  compel  any  person  to  attend,  erect,  or  support  any 
place  of  religious  worship,  or  to  pay  tithes,  taxes  or  other  rates 
for  the  support  of  any  minister   of  the  gospel   or  teacher   of  re- 
ligion." 


14  Weiss   v.    School  Board  of  Dist.   No.    8,    76    Wis.,   179. 


96  STATE  CONTROL  OF  INSTRUCTION 

Judge  Montgomery,  in  giving  the  decision  of  the  court,  one 
judge  dissenting,  said  in  part: 

"Is  the  reading  of  extracts  taken  from  the  Bible  a  violation 
of  the  provision  of  the  constitution  which  inhibits  the  diminishing 
or  enlarging  of  the  civil  or  political  rights,  privileges,  and  capaci- 
ties of  the  individual  on  account  of  his  opinion  or  belief  concern- 
ing matters  of  religion?  We  do  not  think  it  can  be  maintained 
that  the  section  has  any  application  to  this  subject.  The  primary 
purpose  of  this  provision  was  to  exclude  religious  texts,  and  to 
place  citizens  on  an  equality  before  the  law  as  to  the  exercise  of 
the  franchise  of  voting  or  holding  office.  The  language  is  inapt 
to  be  applied  as  restricting  the  use  of  school-rooms  or  school 
funds.  It  might  be  said  that  many  of  the  students  in  our  schools 
are  not  in  position  to  avail  themselves  of  the  opportunity  to  study 
the  dead  languages.  Is  it  therefore  an  unjust  discrimination  to 
provide  for  instruction  in  Latin  and  Greek  for  such  pupils  as  are 
able  to  devote  their  time  to  those  studies  ?  Does  it  harm  one  who 
does  not,  for  conscientious  reasons,  care  to  listen  to  reading  from 
the  Bible,  that  others  are  given  the  opportunity  to  do  so?  Is  it 
not  intolerant  for  one  not  required  to  attend  to  object  to  such 
readings.  It  may  be  said,  of  course,  that  the  services  of  the 
teacher  while  engaged  in  these  exercises  are  paid  out  of  the  fund 
in  which  all  are  entitled  to  share ;  but  the  same  is  true  of  the  time 
which  the  teacher  devotes  to  the  languages,  or  instruction  in 
higher  mathematics.  Does  it  follow  that  the  civil  rights  or  privi- 
leges of  the  students  who  do  not  accept  teaching  in  those 
branches,  or  those  who  do,  have  been  on  the  one  hand  dimin- 
ished,^ or  on  the  other,  enlarged  ?  I  do  not  think  it  should  be  so 
held.  In  my  opinion,  the  reading  of  the  extracts  from  the  Bible 
in  the  manner  indicated  by  the  return,  without  comment,  is  not 
in  violation  of  any  constitutional  provision.  I  am  not  able  to  see 
why  extracts  from  the  Bible  should  be  proscribed,  when  the 
youth  are  taught  no  better  authenticated  truths  of  profane  his- 
tory."15 

An  important  case,  agreeing  in  many  particulars  with  the 
noted  Edgerton  case,  was  decided  by  the  Nebraska  Supreme 
Court  in  1903.  The  constitution  of  Nebraska,  like  that  of  Wis- 
consin, prohibits  sectarian  instruction.  One  Freeman,  a  Catholic, 
who  had  several  times  before  interfered  in  like  manner,  objected 
to  the  opening  exercises  in  the  public  school  of  district  No.  21, 
Gage  County,  Neb.,  where  his  children  were  attending.  The 
teacher,  with  the  approval  of  the  directors,  was  accustomed  to 
read  a  portion  of  the  Bible,  sing  gospel  hymns,  and  offer  prayer. 


Pfeiffer    v.    Board    of    Education    of   Detroit,    118    Mich..    560. 


MORAL  AND  RELIGIOUS  EDUCATION  97 

The  matter  was  referred  to  the  State  Superintendent,  who  ap- 
proved of  the  exercises,  but  some  days  before  his  letter  reached 
the  board,  Freeman  had  begun  action  in  the  district  court  of 
Gage  county. 

"The  decison  of  the  judge  ut  nisi  prius  was  to  the  effect  that 
the  matter  of  textbooks,  etc.,  to  be  used  in  public  schools,  was  to 
be  determined  by  the  school  board,  and,  except  in  a  case  of  abuse, 
the  court  would  not  attempt  to  control  their  discretion." 

The  constitution  of  Nebraska  contains  the  following: 
Art.  1,  Sec.  4.  "All  persons  have  a  natural  and  indefeasible 
right  to  worship  Almighty  God  according  to  the  dictates  of  their 
own  consciences.  No  person  shall  be  compelled  to  attend,  erect. 
or  support,  any  place  of  worship  against  his  consent,  and  no  pref- 
erence shall  be  given  by  law  to  any  religious  society,  nor  shall 
any  interference  with  the  rights  of  conscience  be  permitted." 

Art.  8,  Sec.  11.  "No  sectarian  instruction  shall  be  allowed 
in  any  school  or  institution  supported,  in  whole  or  in  part,  by  the 
public  funds  set  apart  for  educational  purposes." 

The  Supreme  Court  decided  that : 

"Exercises  by  a  teacher  in  a  public  school  building,  in  school 
hours,  and  in  the  presence  of  the  pupils,  consisting  of  the  read- 
ing of  passages  from  the  Bible,  and  in  the  singing  of  songs  and 
hymns,  and  offering  of  prayer  to  the  Deity,  in  accordance  with 
the  doctrines,  beliefs,  customs,  or  usages  of  sectarian  churches  or 
religious  organizations,  is  forbidden  by  the  constitution  of  this 
state." 

Chief  Justice  Sullivan  in  over-ruling  a  rehearing  gave  the 
•following  opinion : 

1.  "The  right  of  all  persons  to  worship  Almighty  God  ac- 
cording to  the  dictates  of  their  own  consciences  is  declared  by 
the  constitution  of  this  state  to  be  a  natural  and  indefeasible  right. 

2.  "There  is  nothing  in  the  constitution  or  laws  of  this  state, 
nor  in  the  history  of  our  people,  upon  which  to  ground  a  claim 
that  it  is  the  duty  of  government  to  teach  religion. 

3.  "The  whole  duty  of   the  state  with    respect  to    religion 
is  to  protect  every  religious  denomination  in  the  peaceable  enjoy- 
ment of  its  own  mode  of  public  worship. 

4.  "Enforced  attendance  upon  religious  services  is  forbid- 
den by  the  constitution,  and  pupils  in  a  public  school  cannot  be 
required  either  to  attend  such  services  or  to  join  in  them. 

5.  "A  teacher  in  a  public  school,  being  vested  during  school 
hours  with  a  general  authority  over  his  pupils,  his  requests  are 
practically  commands. 


98  STATE  CONTROL  OF  INSTRUCTION 

6.  "It  is  immaterial  whether  the  objection  of  a  parent  to 
his  children  attending,  and    participating    in  a  religious    service 
conducted  by  a  teacher  in  the  school  room  during  school  hours, 
is  reasonable  or  unreasonable.     The  right  to  be  unreasonable  in 
such  matters  is  guaranteed  by  the  constitution. 

7.  "The  law  does  not  forbid  the  use  of  the  Bible  in  public 
schools ;  it  is  not  prescribed  either  by  the  constitution  or  statutes ; 
and  the  courts  have  no  right  to  declare  the  use  to  be  unlawful  be- 
cause it  is  possible  or  probable  that  those  who  are  privileged  to 
use  it  will  misuse  the  privilege  by  attempting  to  propagate  their 
own  peculiar  theological  or  ecclesiastical  views  and  opinions. 

8.  "The  point  where  the  courts  may  rightfully  interfere, 
to  prevent  the  use  of  the  Bible  in  a  public  school,  is  where  legiti- 
mate use  has  degenerated  into  abuse — where  a  teacher  employed 
to  give  secular  instruction  has  violated  the  constitution  by  becom- 
ing a  sectarian  propagandist. 

9.  "Whether  it  is  prudent  or  politic  to  permit  Bible  read- 
ing in  the  public  schools  is  a  question  for  the  school  authorities, 
but  whether  the  practice  of  Bible  reading  has  taken  the  form  of 
sectarian    instruction  is   a  question    for  the    courts  to    determine 
upon  evidence. 

10.  "It  will  not  be  presumed  in  any  case  that  the  law  has 
been  violated ;    every  alleged    violation    must  be    established    by 
competent  proof."16 

A  few  years  ago  the  Kansas  Supreme  Court  was  called  upon 
to  pass  on  the  use  of  the  Bible  in  the  public  schools.  In  1904,  one 
Philip  Billard  was  expelled  from  school  for  persistently  disobey- 
ing its  rules.  The  opening  exercises  of  the  school  consisted,  gen- 
erally, of  repeating  the  Lord's  prayer  and  the  twenty-third  Psalm, 
of  reading  selections  from  natural  history  and  of  singing  occas- 
ionally a  selection  from  the  "Normal  Music  Course."  The  pupils 
were  not  required  to  take  part  in  these  exercises,  but  were  re- 
quired to  refrain  from  their  regular  studies  and  preserve  order 
during  that  period.  The  plaintiff  made  complaint,  and  thereafter 
Philip  was  excused  from  attending  these  exercises  and  permitted 
to  enter  the  schoolroom  fifteen  minutes  after  the  regular  hour. 
After  a  time  he  again  entered  school  with  other  pupils  and  per- 
sisted in  disobeying  this  rule  .  After  repeated  admonitions  from 
his  teacher  and  reproofs  for  disobedience  and  positive  refusal  to 
obey,  he  was  expelled.  The  plaintiff  sought  by  mandamus  in  the 
district  court  of  Shawnee  county  to  compel  the  board  of  educa- 

16  State   v.    Scheve,    65   Neb.,    853. 


MORAL  AND  RELIGIOUS  EDUCATION  99 

tion  to  permit  his  son  Philip  to  re-enter  the  city  schools,  but  fail- 
ing in  this  the  case  came  before  the  Supreme  Court.  The  Su- 
preme Court  in  affirming  the  judgment  of  the  court  below,  de- 
clared that  the  exercises  complained  of  were  not  a  form  of  re- 
ligious worship  or  the  teaching  of  sectarian  or  religious  doctrine. 

"There  is  nothing  in  the  constitution  or  statute  which  can 
be  construed  as  an  intention  to  exclude  the  Bible  from  the  public 
schools.  .  .  .  The  noblest  ideals  of  moral  character  are 
found  in  the  Bible.  To  emulate  these  is  the  supreme  conception 
of  citizenship.  It  could  not,  therefore,  have  been  the  intention 
of  the  framers  of  our  constitution  to  impose  the  duty  upon  the 
legislature  of  establishing  a  system  of  common  schools  where 
morals  were  to  be  inculcated  and  exclude  therefrom  the  lives  of 
those  persons  who  possessed  the  highest  moral  attainments."17 

Recently  cases  involving  the  question  of  sectarian  instruction 
have  again  been  before  the  courts.  In  1906,  the  Court  of  Appeals 
of  Xew  York  affirmed  the  judgment  of  the  State  Superintendent 
(now  the  Commissioner  of  Education)  who  had  decided: 

"That  the  wearing  of  an  unusual  dress  or  garb,  worn  exclu- 
sively by  members  of  one  religious  denomination  for  the  purpose 
of  indicating  membership  in  that  denomination,  by  the  teachers 
in  the  public  schools  during  school  hours  while  teaching  therein, 
constitutes  a  sectarian  influence  and  the  teaching  of  a  denom- 
inational tenet  or  doctrine  which  ought  not  to  be  persisted  in."1 

The  court  declared : 

1.  "While  no  express  authority  was  given  the  state  super- 
intendent of  public  instruction  under  Consolidated  School  laws. 
Laws  1894,  p.  11.  c.  556,  to  establish  regulations  as  to  the  man- 
agement of  public  schools,  he  has  the  power  to  make  such  regula- 
tions as  are  consonant  with  the  general  purpose  of  the  statute 
and  not  inconsistent  with  the  laws  of  the  state. 

2.  "A  regulation  of  the  superintendent  of  public  instruction 
prohibiting  teachers  in  public  schools  from  wearing  a  distinctly 
religious  garb  while  teaching  therein  is  a  reasonable  and  valid 
exercise  of  the  power  conferred  upon  him  to  establish  regulations 
as  to  the  management  of  public  schools,  because  the  influence  of 
such  apparel  .is  distinctly  sectarian,  and  the  prohibition  is  in  ac- 
cord with  the  public  policy  of  the  state,  as  declared  in  court,  art. 
9,  §  4,  forbidding  the  use  of  property  or  credit  of  the  state  in  the 
aid  of  sectarian  influence."19 


17  Billard    v.    The    Board    of    Education    of    the     City    of    Topeka, 
Kan.,    53. 

is  State   School    System   II,    Bulletin   No.    7,    p.    313. 
i9O'Conner   v.   Hendrick,    77   N.   E.,    612. 


100  STATE  CONTROL  OF  INSTRUCTION 

In  1908,  it  was  sought  to  compel  the  board  of  trustees  of 
the  public  school  of  the  city  of  Corsicana,  Texas,  to  desist  from 
conducting  certain  exercises  in  said  school  alleged  to  be  religious 
or  sectarian.  Judge  Brown  in  giving  the  decision  of  the  Supreme 
Court  said : 

"This  is  an  action  for  mandamus  brought  in  the  district 
court  by  appellees  against  the  board  of  trustees  of  the  public 
school  of  the  city  of  Corsicana,  appellees  commanding  said  trustees 
to  desist  from  conducting  certain  exercises  in  said  school  which 
are  alleged  to  be  religious  and  sectarian.  Defendants  answered 
by  general  denial  and  specially,  in  substance,  that  said  exercises 
were  neither  religious  nor  sectarian  in  the  sense  prohibited  by 
the  constitution  or  laws  of  the  state.  A  trial  before  the  court 
without  a  jury  resulted  in  favor  of  defendants,  and  the  plaintiff's 
appeal.  The  evidence  shows  that  E.  H.  Church  does  not  believe 
in  the  inspiration  of  the  Bible,  that  J.  B.  Jackson  and  Mrs.  Lita 
Garrity  are  Roman  Catholics,  and  that  M.  Cohen  and  Abe  Levine 
are  jews.  All  of  said  parties  have  children  and  are  patrons  of 
said  school.  Mrs.  Garrity  and  E.  H.  Church  had  protested  to 
said  trustees  and  teachers  against  the  conducting  of  said  exer- 
cises. Jackson,  Cohen,  and  Levine  had  made  no  protest.  The 
protest  made  had  been  disregarded  by  said  trustees,  and  their 
action  sustained  by  the  state  superintendent  of  public  instruction. 
Said  exercises  were  conducted  in  pursuance  of  the  following 
resolution  adopted  by  the  board  of  school  trustees  of  the  city  of 
Corsicana,  viz.,  'Whereas,  in  the  opinion  of  the  board  of  school 
trustees  of  the  Independent  school  district  of  the  city  of  Corsi- 
cana, it  would  tend  to  draw  the  attention  of  the  pupils  away  from 
other  affairs  and  concentrate  it  upon  the  school  work  and  would 
also  tend  toward  an  uplift  of  the  moral  tone  of  the  student  body, 
to  have  the  daily  sessions  of  our  schools' begin  with  appropriate 
"opening  exercises,"  therefore,  be  it  resolved  by  said  board,  that 
the  board  will  view  with  favor  the  inauguration  by  the  superin- 
tendent of  a  morning  "opening  exercise"  in  the  high  school  and 
in  all  the  rooms  of  the  several  ward  schools,  in  which  a  short  pas- 
sage of  the  Bible  may  be  read,  without  comment,  by  the  teacher 
in  charge,  the  Lord's  Prayer  recited  in  concert,  and  appropriate 
songs  sung  by  the  pupils.  It  is  not  intended  by  the  board,  how- 
ever, to  herein  prescribe  the  character  of  such  opening  exercises, 
but  is  simply  desired  to  indicate  to  the  superintendent  and 
teachers  that  any  reasonable  regulation  in  regard  to  such  morn- 
ing exercises  along  the  lines  above  indicated,  established  by  the 
superintendent,  will  have  the  sanction  and  approbation  of  the 
board.'  The  exercises  complained  of  are :  The  most  of  the 
teachers  (but  not  all  of  them)  read  every  morning  from  the 
Bible  to  their  classes,  and  the  pupils  in  almost  every  room  are 


MORAL  AND  RELIGIOUS  EDUCATION  101 

invited  to  join  in  the  recital  of  the  Lord's  Prayer,  and  in  all  the 
rooms  songs  are  sung  by  the  pupils,  usually  patriotic  songs  such 
as  "America,"  and  the  songs  usually  found  in  the  music  book  used 
in  the  public  schools  of  Texas.  These  exercises  are  prescribed  by 
the  superintendent  of  the  city  schools,  under  and  by  virtue  of  the 
resolutions  shown  above,  and  constitute  a  part  of  the  regular  or- 
der of  every  day,  and  all  children  attending  the  public  schools 
of  Corsicana  are  expected  to  be  present  during  such  exercises, 
and  are  not  excused  therefrom,  and  are  marked  tardy  if  not 
present  when  such  exercises  begin.  No  pupil,  however,  is  re- 
quired by  the  teacher  in  charge  to  take  active  personal  part  in 
such  exercises,  though  all  are  invited  by  the  teachers  to  do  so,  the 
pupils  are  not  required  by  the  teacher  to  repeat  the  Lord's  Prayer 
or  to  join  in  the  songs  sung,  but  are  invited  to  do  so,  and  as  a 
matter  of  fact  as  a  general  thing,  nearly  all  pupils  join  in  the  re- 
cital of  the  Lord's  Prayer  and  in  the  singing.  The  only  require- 
ment made  and  enforced  in  the  opening  exercises  of  the  school  is 
that  the  pupil  shall  be  present,  and  during  the.  exercises  behave 
in  an  orderly  manner.  The  only  attitude  or  posture  which 
pupils  are  requested  to  assume  during  the  exercises  in  question  is 
that  of  bowing  the  head  during  the  Lord's  Prayer,  and  this  is 
not  required  by  the  teachers  of  the  pupils.  Since  the  said  open- 
ing exercises  have  been  held,  beginning  with  the  opening  of 
schools  in  September  last,  the  selections  from  the  Bible,  which 
have  been  read  in  the  several  rooms  of  the  schools,  have  been 
principally  passages  from  the  Old  Testament,  including  selections 
from  Psalms,  Proverbs,  and  some  of  the  old  familiar  stories  from 
the  Old  Testament.  The  selections  read  from  the  New  Testa- 
ment are  usually  the  sermon  on  the  mount  and  the  passages  of 
like  tenor.  In  all  reading  the  Bible  used  is  King  James'  version. 
Since  the  practice  of  reading  of  the  Bible  was  begun  as  aforesaid 
in  said  schools,  the  reading  by  the  several  teachers  has  been 
without  comment,  explanation,  or  attempt  at  interpretation  what- 
ever. 

"To  hold  that  the  offering  of  prayers,  either  by  the  repeti- 
tion of  the  Lord's  Prayer  or  otherwise,  the  singing  of  songs, 
whether  devotional  or  not,  and  the  reading  of  the  Bible,  make 
the  place  where  such  is  done  a  place  of  worship  would  produce 
intolerable  results.  The  house  of  representatives  and  the  senate 
of  the  state  legislature  each  elect  a  chaplain,  who,  during  the  ses- 
sion, daily  offers  prayers  to  Almighty  God  in  behalf  of  the  State, 
and  'in  the  most  express  manner  invokes  the  supervision  and  over- 
sight of  God  for  the  lawmakers.  In  the  chapel  of  the  state  uni- 
versity building  a  religious  service,  consisting  of  singing  songs, 
reading  portions  of  the  Bible,  with  prayers  and  addresses  by 
ministers  and  others,  is  held  each  day.  The  Young  Men's  Chris- 


102  STATE  CONTROL  OF  INSTRUCTION 

tian  Association  hold  their  services  in  that  building  each  Lord's 
Day,  and  the  Young  Women's  Christian  Association  has  a  like 
service  in  another  public  building.  At  the  blind  institute  on  each 
Lord's  Day  prayers  are  offered,  songs  are  sung,  Sunday  school 
is  taught,  and  addresses  made  to  the  children  with  regard  to  re- 
ligious matters.  An  annual  appropriation  is  made  for  a  chap- 
lain for  the  penitentiary.  In  fact,  Christianity  is  so  interwoven 
with  the  web  and  woof  of  the  state  government  that  to  sustain 
the  contention  that  the  constitution  prohibits  reading  the  Bible, 
offering  prayers,  or  singing  songs  of  a  religious  character  in  any 
public  building  of  the  government  would  produce  a  condition 
bordering  upon  moral  anarchy.  The  absurd  and  hurtful  conse- 
quences furnish  a  strong  argument  against  the  soundness  of  the 
proposition.  The  right  to  instruct  the  young  in  the  morality  of 
the  Bible  might  be  carried  to  such  extent  in  the  public  schools 
as  it  would  make  it  obnoxious  to  the  constitutional  inhibition,  not 
because  God  is  worshipped,  but  because  by  the  character  of  the 
services  the  place  would  be  made  'a  place  of  worship.5 

"There  is  no  difference  in  the  protection  given  by  our  con- 
stitution between  citizens  of  this  state  on  account  of  religious  be- 
liefs ;  all  are  embraced  in  its  broad  language  and  are  entitled  to 
the  protection  guaranteed  thereby ;  but  it  does  not  follow  that 
one  or  more  individuals  have  the  right  to  have  the  courts  deny 
the  people  the  privilege  of  having  their  children  instructed  in 
the  moral  truths  of  the  Bible  because  objectors  do  not  desire 
their  own  children  shall  be  participants  therein.  This  would  be 
to  starve  the  moral  and  spiritual  nature  of  the  many  out  of  defer- 
ence to  the  few."20 

Other  cases21  might  be  cited,  but  they  would  only  further 
illustrate  the  general  trend  of  the  judicial  decisions.  The  courts 
while  not  in  full  accord  as  to  whether  the  reading  of  the  Bible 
constitutes  sectarian  instruction,  are  unanimous  in  their  decis- 
ions against  sectarian  teaching  in  the  public  schools. 

THE  STATE  THE  FACTOR  OF  CONTROL. 

The  provisions,  constitutional  as  well  as  statutory,  considered 
in  this  chapter,  are  growths  largely  of  the  last  fifty  years.  There 
was  no  constitutional  prohibition  to  granting  state  aid  for  sec- 
tarian purposes  prior  to  the  admission  of  Wisconsin  into  the 
union,  in  1848. 22  No  less  than  eleven  constitutional  provisions 

20  State    School    Systems   II,    Bulletin   No.    7,   p.    316. 

21  Millard    v.    Board    of    Education,    121    111.,    297;    Nicholls    v.    School 
Directors,    93    111.,    61;    Spencer   v.    Joint   School    District,    15    Kan.,    202. 

22Cance:    The    Leg-al    Status    of    Religious    Instruction    in    the    Public 
Schools,   p.    50. 


MORAL  AND  RELIGIOUS  EDUCATION  103 

were  passed  in  the  decade  from  1885  to  1895.  Moral  and  re- 
ligious education  is  no  longer  dominated  by  church  or  sect  or 
local  interest,  but  the  state  has  assumed  control  over  this  impor- 
tant subject  to  safeguard  the  rights  and  privileges  of  society,  in- 
dividually as  well  as  collectively.  Thus  again  it  is  apparent  that 
the  public  school  is  a  state  not  a  local  institution,  and  the  control 
of  the  instruction  here  considered  is  further  proof  of  the  central- 
izing tendency  before  noted  in  elementary  and  secondary  educa- 
tion. 


104  STATE  CONTROL  OF  INSTRUCTION 


CHAPTER  VII. 

INSPECTION  AND  SUPERVISION. 
IMPORTANCE  OF  SUPERVISION. 

In  every  line  of  human  activity  requiring  united  and  organ- 
ized effort  for  the  accomplishment  of  the  end  in  view,  some  direc- 
tion and  management  is  an  inevitable  necessity.  With  every  in- 
crease in  the  complexity  of  the  social  organization,  the  function 
of  the  manager  becomes  more  important.  In  the  industrial  world 
the  "Captain  of  Industry"  directs  and  marshals  his  forces,  and 
bears  in  large  measure  the  responsibility  for  failure  or  success. 
Under  his  efficient  leadership,  business  enterprise  achieves  bril- 
liant success,  only  to  decline  and  even  end  in  failure  when  influ- 
ences or  circumstances  remove  the  guiding  hand  and  brain. 
What  is  true  industrially  is  equally  true  commercially  and  politi- 
cally, and  holds  with  equal  force  in  any  system  of  education. 
School  legislation  in  itself  accomplishes  but  little.  However  com- 
prehensive and  effective  the  laws,  unless  the  same  are  wisely  ad- 
ministered, unless  the  various  forces  of  the  educational  regime 
are  skilfully  directed  and  supervised,  the  best  enactments  will 
prove  of  little  avail  and  fail  to  attain  the  end  for  which  they  were 
conceived. 

State  control  of  education  is  exercised  in  two  ways,  through 
its  laws  and  through  its  agents.  The  laws  indicate  the  rules  and 
regulations  which  are  to  govern  the  various  educational  interests 
of  the  state.  The  effectiveness  of  any  law,  however,  depends  on 
the  spirit  and  character  of  its  enforcement,  and  hence,  to  the  ex- 
tent that  the  state  provides  officers  and  vests  them  with  power  to 
direct  and  enforce  the  various  educational  provisions  of  the  state, 
v.ill  state  control  be  effective.  In  the  preceding  chapters  the  legal 
provisions  pertaining  to  state  control  of  elementary  and  second- 
ary courses  of  study  have  been  considered,  in  the  present  the  ef- 


INSPECTION  AND  SUPERVISION  105 

forts  of  the  state  to  make  these  laws  vital  and  effective  will  be 
analyzed. 

STATE  SUPERINTENDENT. 

State  supervision  of  public  education,  although  of  com- 
paratively recent  development,  is  attaining  extensive  proportions. 
In  each  state  today,  with  one  exception — Delaware — there  is  a 
state  superintendent.  Thirty-two1  of  the  states  provide  for  this 
official  in  their  state  constitutions.  In  Arkansas,  Arizona,  Cali- 
fornia, Colorado,  Florida,  Idaho,  Illinois,  Indiana,  Iowa,  Kansas, 
Kentucky,  Michigan,  Minnesota,  Montana,  Nebraska,  Nevada, 
New  Hampshire,  New  Mexico,  North  Carolina,  North  Dakota, 
Ohio,  Oklahoma,  Oregon,  Pennsylvania,  South  Dakota,  Ten- 
nessee, Texas,  Utah,  Virginia,  Washington,  Wisconsin,  and  Wy- 
oming, he  is  known  as  superintendent  of  public  instruction;  in 
Alabama,  South  Carolina,  and  Vermont,  as  superintendent  of  edu- 
cation ;  in  Louisiana,  Maryland  and  Mississippi,  as  superintendent 
of  public  education ;  in  Maine,  and  Missouri,  as  superintendent  of 
public  schools;  in  West  Virginia,  as  superintendent  of  free 
schools ;  in  Connecticut,  as  secretary  of  the  state  board  of  educa- 
tion; in  Massachusetts,  New  Jersey  and  New  York,  as  commis- 
sioner of  education ;  in  Rhode  Island,  as  commissioner  of  public 
schools ;  in  Georgia,  as  state  superintendent  of  schools.  In  most 
of  the  states,2  he  is  elected  by  popular  vote  at  the  general  election 
for  a  term  varying  from  two  to  four  years.  In  Arizona,  Maine, 
Maryland,  Minnesota,  New  Hampshire,  New  Jersey,  Mexico, 
Oklahoma,  Pennsylvania  and  Tennessee,  he  is  appointed  by  the 
governor.  The  state  board  of  education  appoints  the  secretary  in 
Connecticut,  while  this  power  of  appointment  rests  with  the  gen- 
eral assembly  in  Rhode  Island  and  Vermont. 

For  this  important  position,  fitness  for  office  rather  than 
political  considerations  should  prevail.  It  is  significant,  however, 
that  in  only  one  of  the  states  is  the  election  for  state  superinten- 
dent held  at  other  than  the  general  election  day.  Wisconsin,  in 
1901.  changed  the  time  of  election  from  the  general  election  in 
November  to  the  time  of  the  judicial  election  in  April,  for  the 


lAla.,  Ariz.,  Ark.,  Cal.,  Col.,  Fla.,  Ga.,  Ida.,  111.,  Ind.,  Kan.,  Ky., 
La.,  Mich.,  Miss.,  Mo.,  Mont.,  N.  C.,  No.  Dak.,  Neb.,  Nev.,  Okla.,  Ore.,  Pa., 
S.  C..  So  Dak..  Utah,  Vt,  Wash.,  W.  Va.,  Wis.,  Wyo. 

2  See   table. 


106  STATE  CONTROL  OF  INSTRUCTION 

purpose  of  removing  the  office  out  of  partisan  politics.  Still  more 
remarkable,  however,  is  the  fact  that  in  nearly  all  the  states  the 
law  is  silent  as  to  professional  qualifications,  only  ten  states  pre- 
scribing any  whatsoever.  Tennessee  requires  : 

"The  State  Superintendent  shall  be  a  person  of  literary  and 
scientific  attainments,  and  of  skill  and  experience  in  the  art  of 
teaching,  and  who  shall  be  nominated  by  the  Governor  and  con- 
firmed by  the  Senate."3 

Virginia  demands  that  the  superintendent  of  public  instruc- 
tion "shall  be  an  experienced  educator."4  The  law  in  West  Vir- 
ginia stipulates  that: 

"He  shall  be  a  person  of  good  moral  character,  of  temperate 
habits,  of  literary  acquirements  and  skill,  and  experience  in  the 
art  of  teaching."5 

Montana  prescribes  that: 

"The  Superintendent  of  Public  Instruction  shall  have  attained 
the  age  of  thirty  years  at  the  time  of  his  election,  and  shall  have 
resided  within  the  state  two  years  next  preceding  his  election,  and 
is  the  holder  of  a  State  certificate  of  the  highest  grade  issued  in 
some  state  and  recognized  by  the  State  Board  of  Education,  or 
is  a  graduate  of  some  university,  college  or  normal  school  recog- 
nized by  the  State  Board  of  Education  as  of  equal  rank  with  the 
University  of  Montana  or  the  State  Normal  School/'*5 

In  North  Dakota  it  is  required  that  the  superintendent  of 
public  instruction : 

"Shall  have  attained  the  age  of  twenty-five  years,  who  shall 
have  the  qualifications  of  an  elector  for  that  office,  and  be  the 
holder  of  a  teacher's  certificate  of  the  highest  grade,  issued  in 
this  state."7 

In  Utah  it  is  stipulated  that  the 

"State  Superintendent,  at  the  time  of  his  election,  shall  be  a 
qualified  elector,  shall  have  been  a  resident  citizen  of  the  State  of 
Utah  for  five  years  next  preceding  his  election,  shall  have  at- 
tained the  age  of  thirty  years,  shall  be  the  holder  of  a  state  certif- 
icate of  the  highest  grade  issued  in  some  states  or  shall  be  a 
graduate  of  some  reputable  university,  college  or  normal  school."8 


3  Tennessee    Public    School    Laws,    1909,    p.    3,    sec.    3. 

4  Virginia  Public   School  Laws,   1911,   p.    9,    sec.    7. 

5  West  Virginia  School   Laws,    1911,   p.    56,   sec.    124. 
e  Montana   School    Laws,    1913,   p.    26,    sec.    200. 

T  North  Dakota  School   Laws,   1911,   p.    11,   sec.    1. 
8  Utah    School    Laws,    1913,    p.    7,    sec.    1774. 


INSPECTION  AND  SUPERVISION  107 

In  1903  a  law  was  passed  in  Wisconsin  requiring  that : 
"No  person  shall  be  eligible  to  the  office  of  the  state  super- 
intendent of  public  instruction  who  shall  not  at  the  time  of  his 
election  thereto  have  taught  or  supervised  teaching  in  the  state 
of  Wisconsin  for  a  period  of  not  less  than  five  years,  and  who 
shall  not,  at  such  time,  hold  the  highest  grade  of  certificate  which 
the  state  superintendent  is  by  law  empowered  to  issue."0 

It  is  easily  seen  that  these  requirements  are  too  indefinite, 
and  are  remarkable  rather  for  what  they  omit  than  what  they  con- 
tain. While  it  is  true  that  in  spite  of  this,  on  the  whole,  the  state 
superintendents  have  been  men  of  high  character  and  efficiency, 
it  would  seem  that  the  law  ought  to  prescribe  qualifications  com- 
mensurate with  the  importance  of  the  highest  educational  office 
of  the  state.  The  powers  and  duties  in  almost  any  one  of  the 
states  are  extensive  enough  to  call  for  men  of  the  highest  train- 
ing, experience  and  ability.  His  peculiar  relation,  not  only  to 
elementary  and  secondary  schools,  but  to  higher  education  as  well, 
calls  for  qualifications  of  the  first  rank.  It  demands  broad  schol- 
arship that  he  may  see  and  appreciate  the  needs  and  functions  of 
all  classes  of  schools,  and  wisely  direct  and  stimulate  the  various 
educational  agencies  of  the  state,  so  that  they  may  properly  co- 
operate and  work  harmoniously  for  the  highest  and  best  welfare 
of  all.  He  should  be  a  true  teacher  by  endowment,  training  and 
experience,  so  that  he  may  be  able  to  use  wisely  the  opportunities 
open  to  him  in  stimulating  and  raising  the  professional  interests 
of  the  teachers  of  the  state.  He  should  be  an  educator  of  such 
pronounced  ability  and  force,  that  his  moral  and  professional  in- 
fluence may  command  respect  in  nation  as  well  as  state. 

The  powers  and  duties  of  the  superintendent  vary  greatly  in 
the  different  states.  His  greatest  influence,  probably,  springs  out 
of  his  relations  to  the  various  schools,  elementary,  secondary  and 
higher,  the  course  of  study,  and  the  teachers  of  the  state.  In 
thirty-two  states  he  is  charged  with  the  general  supervision  of 
public  education.  Thus  Alabama  requires: 

"He  shall  devote  his  time  to  the  care  and  improvement  of 
the  common  schools,  and  the  promotion  of  public  education,  and 
shall  exercise  a  general  supervision  over  all  the  educational  in- 
terests of  the  state."10 


••  Wisconsin    School    Laws,    1911.    p.    4,    sec.    164. 
10  Alabama    School    LAWS,    1911,    p.    6,    sec.    1685. 


108  STATE  CONTROL  OF  INSTRUCTION 

While  this  law  is  general,  it  empowers  the  superintendent  to 
exercise  a  directing  influence  in  the  entire  educational  system  and 
promote  its  best  interests.  Much  of  the  best  legislation  comes 
about  only  through  the  creation  of  an  intelligent  public  sentiment, 
and  all  laws  unless  thus  supported  will  remain  but  a  silent  letter. 
The  efficiency  of  any  school  depends  not  only  on  teachers  and 
courses  of  study,  but  as  much  or  more  on  the  public  sentiment 
which  prevails  in  the  community.  Likewise  the  public  school 
system  requires  for  its  highest  welfare  the  intelligent  interest  and 
support  of  the  people  of  the  state.  It  is  with  this  in  view  that 
Maine  makes  it  the  duty  of  the  state  superintendent : 

"To  obtain  information  as  to  the  school  systems  of  other 
states  and  countries,  and  the  condition  and  progress  of  public 
school  education  throughout  the  world ;  to  disseminate  this  in- 
formation, with  such  practical  hints  upon  the  conduct  of  schools, 
improved  systems  of  instruction,  and  the  true  theory  of  educa- 
tion as  observation  and  investigation  convince  him  to  be  impor- 
tant, by  public  addresses,  circulars  and  articles  prepared  for  the 
press,  and  by  outlines,  suggestions  and  directions  concerning  the 
management,  discipline  and  methods  employed  in  teaching,  pre- 
pared for  and  distributed  among  the  teachers  of  the  schools  and 
school  officers  of  the  state ;  and  to  do  all  in  his  power  to  awaken 
and  sustain  an  interest  in  education  among  the  people,  and  to  stim- 
ulate teachers  to  well-directed  efforts  in  their  work."11 

In  twelve  states12  he  is  authorized  to  call  county  superinten- 
dents' conventions ;  in  fifteen,13  to  arrange  for  teachers'  institutes ; 
in  twelve,14  there  is  a  definite  provision  for  school  visitation. 
This  direct  personal  contact  with  those  who  direct  and  those  who 
carry  on  the  work  of  teaching,  offers  a  great  opportunity  to  stim- 
ulate right  interests  and  mould  the  educational  policy  of  the  state. 
While  it  cannot  be  expected  that  the  state  superintendent  shall 
visit  many  schools,  yet  through  this  means  he  is  enabled  to  keep 
in  touch  with  their  work,  see  their  real  needs  and,  as  far  as  he 
is  able,  further  their  interests.  Iowa  illustrates  the  general  em- 
phasis which  is  placed  upon  the  foregoing  consideration : 


11  Maine  School  Laws,   1913,  p.   39,   sec.   100. 

12  Cal.,    Fla,,    Ida.,    Iowa,    La.,    Minn.,   Miss.,   No.   Dak.,    So.    Dak.,    Utah, 
Wash.,  Wis. 

13  Ala.,   Fla.,    Ida.,    Me.,    Md.,    Minn.,    Mont.,    Neb.,    N.    H.,    N.    Mex.,    No. 
Dak.,    Ore.,    So.   Dak.,   Vt.    Va. 

14  Ala.,    Cal.,    Col.,    Ga.,    Ida,,    Mo.,   Neb.,   Nev..    Ohio,   Ore.,    S.    C.,    Utah, 
Vt,   Wash. 


INSPECTION  AND  SUPERVISION  109 

"He  shall  be  charged  with  the  general  supervison  of  all  the 
county  superintendents  and  the  common  schools  of  the  state ;  may 
meet  count}'  superintendents  in  convention  at  such  points  in  the 
state  as  may  be  most  suitable  for  the  purpose,  at  which  proper 
steps  may  be  taken,  looking  toward  securing  a  more  uniform  and 
efficient  administration  of  the  school  laws.  He  shall  appoint,  upon 
the  request  of  county  superintendents,  the  time  and  place  for  hold- 
ing teachers'  institutes,  such  institutes  to  be  called  when  it  is 
probable  that  not  less  than  twenty  teachers  will  be  present,  and 
remain  in  session  not  less  than  six  working  days,  of  which  time 
and  place  of  meeting  he  shall  give  notice  to  the  county  superin- 
tendent of  the  proper  county.  He  shall  attend  teachers'  institutes 
thus  called  in  the  several  counties  of  the  state,  so  far  as  consist- 
ent with  his  official  duties,  and  assist  in  their  management  and 
instruction.  He  shall  have  power  to  collect,  publish  and  distribute 
statistical  and  other  information  relative  to  public  schools  and 
education  in  general;  to  visit  teachers'  association  meetings  and 
make  tours  of  inspection  among  the  common  schools  and  other 
institutions  of  learning  in  the  state,  and  may  deliver  addresses 
upon  subjects  relative  to  education;  to  prepare,  publish,  and 
distribute  blank  forms  for  all  returns  he  may  think  necessary,  or 
that  may  be  required  by  law,  of  teachers,  or  school  officers ;  to 
publish  and  distribute  annually  leaflets  and  circulars  relative  to 
arbor  day,  memorial  day,  and  other  days  considered  by  him 
worthy  of  special  observance  in  public  schools,  the  number  to  be 
determined  by  the  executive  council ;  to  prepare  questions  for  the 
use  of  county  superintendents  in  the  examination  of  applicants  for 
teachers'  certificates ;  and  to  prepare,  publish  and  distribute, 
among  teachers  and  school  officers,  courses  of  study  for  use  in 
the  rural  and  high  schools  of  the  state,  the  number  thereof  to  be 
fixed  by  the  executive  council."15 

In  New  York,  public  education  is  practically  under  the  ab- 
solute control  of  the  regents  of  the  University,16  inasmuch  as  the 
commissioner  of  education,  although  granted  great  power  in  re- 
lation to  elementary,  secondary,  and  other  schools,  serves  during 
the  pleasure  of  the  board  of  regents,  and  all  appointments  in  the 
Education  department  made  by  the  commissioner  are  subject  to 
the  approval  of  the  regents.17  Among  his  general  powers  and 
duties  are  the  following: 

"He  is  the  chief  executive  officer  of  the  state  system  of  edu- 
cation and  of  the  board  of  regents.  He  shall  enforce  all  general 


is  Iowa   School   Laws,    '11,    p.    7,    sec.    2622. 

ie  See   chap.    VIII. 

17  New    York   Education    Law,    1912,    p.    6,   sec?.    20-24. 


110  STATE  CONTROL  OF  INSTRUCTION 

and  special  laws  relating  to  the  educational  system  of  the  state 
and  execute  all  educational  policies  determined  upon  by  the  board 
of  regents. 

"He  shall  have  general  supervision  over  all  schools  and  in- 
stitutions which  are  subject  to  the  provisions  of  this  act,  or  of  any 
statute  relating  to  education,  and  shall  cause  the  same  to  be  ex- 
amined and  inspected,  and  shall  advise  and  guide  the  school  of- 
ficers of  all  districts  and  cities  of  the  state  in  relation  to  their 
duties  and  the  general  management  of  the  schools  under  their 
control. 

"He  shall  have  general  supervision  of  industrial  schools, 
trade  schools  and  schools  of  agriculture,  mechanic  arts  and  home- 
making  ;  he  shall  prescribe  regulations  governing  the  licensing  of 
the  teachers  employed  therein ;  and  he  is  hereby  authorized,  em- 
powered and  directed  to  provide  for  the  inspection  of  such 
schools,  to  take  necessary  action  to  make  effectual  the  provisions 
therefor,  and  to  advise  and  assist  boards  of  education  in  the  sev- 
eral cities  and  school  districts  in  the  establishment,  organization 
and  management  of  such  schools. 

"He  shall  also  have  general  supervision  over  the  state  nor- 
mal schools  which  have  been,  or  which  may  hereafter  be.  estab- 
lished, as  required  by  the  provisions  of  this  chapter. 

"He  shall  be  ex  officio  a  trustee  of  Cornell  university. 

"He  may  annul  upon  cause  shown  to  his  satisfaction  any 
certificate  of  qualification  granted  to  a  teacher  by  any  authority 
whatever,  or  declare  any  diploma  issued  by  a  state  normal  school 
ineffective  and  null  as  a  qualification  to  teach  a  common  school 
within  this  state,  and  he  may  reconsider  and  reverse  his  action 
in  any  such  matter. 

"He  is  hereby  authorized  to  furnish,  by  means  of  pictorial 
or  graphic  representations,  additional  facilities  for  instruction  in 
geography,  history,  science  and  kindred  subjects,  to  schools,  in- 
stitutions and  organizations  under  the  supervision  of  the  regents. 
Material  collected  for  this  purpose  may,  under  regents'  general 
rules,  be  lent  for  a  limited  time  to  responsible  institutions  and  or- 
ganizations for  the  benefit  of  artisans,  mechanics  and  other  citi- 
zens of  the  several  communities  of  the  state."18 

STATE  COURSES  OF  STUDY. 

In  Arkansas,  Iowa,  Maine,  Michigan,  Montana,  North  Da- 
kota, Pennsylvania,  Vermont  and  Wisconsin,  the  state  super  in- 


is  New    York   Education   Law,    1912,    p.    24,    sec.    94. 


INSPECTION  AND  SUPERVISION  111 

tendent  is  directed  to  prepare  and  distribute  courses  of  study  for 
the  public  schools  of  the  state.  Thus  in  Vermont,  the 

"Superintendent  may,  when  necessary,  prepare  and  issue  a 
course  of  study  for  use  in  the  elementary  schools  as  a  requisite 
for  admission  to  high  schools  and  academies,  and  shall  distribute 
one  copy  of  such  course  to  each  teacher  of  the  public  schools  and 
two  copies  to  each  school  officer."19 

It  does  not  follow,  however,  that  the  state  course  is  always 
adopted.  In  Iowa,  the  district  board  is  by  law  required  to  pre- 
scribe the  course  to  be  studied,  although  it  is  urged  by  the  state 
department  that  the  state  course  be  adopted.20  In  three  of  the 
above  mentioned  states,  Montana.  Pennsylvania,  and  Wisconsin, 
and  also  in  Alabama  (Co.  H.  S.),  Missouri,  North  Carolina  and 
Oregon,  he  is  required  to  plan  the  curriculum  for  the  secondary 
schools.  North  Dakota  requires  of  the  state  superintendent  that : 

"He  shall  prepare  and  prescribe  a  course  of  study  for  all  the 
common  schools  of  the  state."21 

In  Oregon,  the  two  years  of  required  work  in  high  schools 
is  laid  down  by  the  state  superintendent,  after  consultation  with 
county  and  district  high  school  boards.--' 

In  Wisconsin  it  is  his  duty : 

"To  prepare  and  publish  from  time  to  time,  as  occasion  may 
require,  a  course  of  study  for  ungraded,  state  graded,  and  free 
high  schools,  and  day  schools  for  the  deaf,  with  such  comments 
and  instruction  as  may  be  deemed  essential  for  an  intelligent  un- 
derstanding thereof;  to  compile,  edit  and  distribute  to  the  schools 
annually  in  pamphlet  form  matter  adapted  to  and  suitable  for  the 
intelligent  observance  of  arbor,  and  bird  day,  and  memorial  day ; 
to  provide  the  subject  matter  and  statistics  necessary  for  the 
printing  of  all  reports,  pamphlets,  and  circulars  published  for  any 
and  all  these  purposes."2 

State  courses  of  study  have  doubtless  their  advantages.  Some 
degree  of  uniformity  in  a  state  system  of  schools  is  not  only  de- 
sirable but  a  necessity.  In  order  to  afford  equal  opportunities  for 
all,  to  give  any  permanence  and  continuity  to  instruction  under 
the  unstable  and  ever-changing  teaching  force,  standardization  be- 
comes necessary.  There  are  certain  fundamentals  recognized 
everywhere  as  integral  parts  of  any  curriculum.  Pupils  from  one 

i»  Vermont   School   Laws,    1911,  .p.    7,   sec.    923. 

20  Iowa    School    Laws,    1911,    p.    55    (note). 

21  North   Dakota    School   Laws,    1911,    p.    12,    sec.    5. 

22  See   chap.    III. 

23  Wisconsin    School    Laws,    1911,    p.    6,    sec.    6. 


112  STATE  CONTROL  OF  INSTRUCTION 

place  entering  school  in  another  ought  to  be  able  to  continue  their 
work  without  much  loss  of  time  and  effort.  Nevertheless,  to 
grant  to  any  official  the  authority  to  impose  upon  all  localities  an 
inflexible  course  of  study,  especially  when  the  law  does  not  re- 
quire special  fitness  for  this  office,  would  hardly  seem  the  part 
of  wisdom.  Even  though  the  superintendent  is  eminently  quali- 
fied for  this  work,  it  cannot  be  expected  that  he  shall  know  the 
needs  and  conditions  of  all  localities  of  the  state  fully,  and  pro- 
duce a  course  of  study  that  will  be  best  adapted  to  all  parts  of 
the  commonwealth.  Nor  is  such  a  policy  in  sympathy  with  the 
spirit  of  the  time.  The  school  should  be  intimately  related  to  the 
community,  democratic  ideas  should  prevail  in  its  organizaton,  as 
far  as  possible,  and  nothing  should  be  done  that  will  lessen  the 
intelligent  local  interest  and  support  so  necessary  to  its  highest 
efficiency. 

Moreover,  a  course  of  study  is  a  social  growth  and  not  a 
static  something  imposed  from  without.  It  must  be  distinctly 
dynamic,  varying  from  time  to  time  to  meet  the  changing  social 
demands.  It  is  the  classroom  that  must  finally  give  reality  to 
every  part  of  the  course  of  study.  To  do  this  most  effectively, 
the  teacher  must  be  placed  in  a  position  of  responsibility  regard- 
ing it.  He  must  weigh  and  test  and  evaluate,  and  have  a  vital 
interest  in  the  fundamental  questions  involved  in  the  work.  The 
course  of  study  to  be  most  effective  must  be  a  product  of  the 
combined  experience  of  those  who  administer  it. 

STATE  BOARD  OF  EDUCATION. 

In  many  of  the  states,  there  is  in  addition  to  the  superin- 
tendent of  public  instruction  a  state  board  of  education.24  In 
California,  Colorado,  Florida,  Idaho,  Iowa,  Michigan,  Mississippi, 
Missouri,  North  Carolina,  Nebraska,  South  Carolina,  Texas  and 
Virginia,  provision  is  made  for  such  board  by  constitutional  en- 
actment. The  powers  and  functions  of  this  board  vary  greatly 
in  different  states.  In  most  of  them  their  connection  with  ele- 
mentary and  secondary  education  is  of  minor  importance,  but  in 
a  few  states  they  bear  the  same  relation  to  the  public  schools  of 
the  state  that  is  usually  sustained  by  the  state  superintendent. 

24  Ariz.,  Cal.,  Col.,  Conn.,  D'el.,  Fla.,  G-a.,  Ida.,  Ind.,  Kan.,  Ky.,  La., 
Md.,  Mass.,  Mich.,  Miss.,  Mo.,  Mont.,  Nev.,  N.  J.,  N.  Mex.,  N.  C.,  Okla., 
Ore.,  R.  I.,  S.  C.,  Tenn.,  Tex.,  Utah,  Va.,  Vt.,  Wash, 


INSPECTION  AND  SUPERVISION  113 

Thus  Delaware,  having  no  state  superintendent,  rests  the  general 
supervision  and  control  of  its  public  schools  in  the  state  board 
of  education.25' 

Massachusetts,  in  1909,  consolidated  the  Board  of  Education 
and  the  Commission  on  Industrial  Education.  It  was  enacted: 

"The  board  of  education  shall  consist  of  nine  persons,  three 
of  whom  shall  annually  in  April  be  appointed  by  the  governor, 
with  the  advice  and  consent  of  the  council,  for  terms  of  three 
years,  except  as  hereinafter  provided.  The  members  of  the  board 
shall  serve  without  compensation.  During  the  month  of  June 
in  the  current  year  the  governor  shall  so  appoint  all  of  said  nine 
members  of  the  board,  whose  terms  of  office  shall  begin  on  the 
first  day  of  July,  nineteen  hundred  and  nine,  three  for  terms  end- 
ing May  first,  nineteen  hundred  and  eleven,  three  for  terms  end- 
ing May  first,  nineten  hundred  and  twelve,  and  three  for  terms 
ending  May  first,  nineteen  hundred  and  thirteen.  Four  of  the 
present  members  of  the  board  of  education,  and  one  of  the  mem- 
bers of  the  commission  on  industrial  education,  shall  be  appointed 
members  of  the  board  of  education  provided  for  by  this  act. 

"The  board  of  education  shall  exercise  all  the  powers  and 
be  subject  to  all  the  duties  now  conferred  or  imposed  by  law  upon 
the  present  board  of  education,  or  upon  the  commission  on  indus- 
trial education  by  chapter  five  hundred  and  five  of  the  acts  of  the 
year  nineteen  hundred  and  six,  and  by  chapter  five  hundred  and 
seventy-two  of  the  acts  of  the  year  nineteen  hundred  and  eight, 
and  acts  in  amendment  thereof  and  in  addition  thereto,  except  as 
may  otherwise  be  provided  herein. 

"The  board  shall  appoint  a  commissioner  of  education  whose 
term  of  office  shall  be  five  years,  and  may  fix  his  salary  at  such 
sum  as  the  governor  and  council  shall  approve.  Said  commis- 
sioner may  at  any  time  be  removed  from  office  by  a  vote  of  six 
members  of  the  board.  He  shall  exercise  the  powers  and  per- 
form the  duties  now  conferred  or  imposed  by  law  on  the  secretary 
of  the  board  of  education.  He  shall  be  the  executive  officer  of  the 
board,  shall  have  supervision  of  all  educational  work  supported 
in  whole  or  in  part  by  the  commonwealth,  and  shall  report  thereon 
to  the  board.  The  board  shall  also  appoint  two  deputy  commis- 
sioners, at  equal  salaries,  one  of  whom  shall  be  especially  qualified 
to  deal  with  industrial  education.  The  powers,  duties,  salaries 
and  terms  of  office  of  said  deputy  commissioners  shall  be  such  as 
may  be  established  from  time  to  time  by  the  board,  but  the  board 
may,  by  a  vote  of  six  members  thereof,  remove  from  office  at 
any  time  either  of  said  deputy  commissioners.  The  board  may 
be  allowed  for  rent,  salaries  of  the  commissioner,  the  deputies, 

2--,  Delaware    School    Laws,    1913,    p.    5,    sec.    1. 


114  STATE  CONTROL  OF  INSTRUCTION 

agents,  assistance  and  clerical  service,  and  for  travelling  and 
other  necessary  expenses  of  the  commissioner,  the  deputies, 
agents,  and  of  the  board,  incurred  in  the  performance  of  their  of- 
ficial duties,  such  sum  as  shall  be  appropriated  by  the  general 
court  annually,  payable  out  of  the  treasury  of  the  common- 
wealth."26 

The  state  board  of  Connecticut  is  organized  upon  much  the 
same  plan,  and  excepting  the  provisions  for  industrial  education, 
performs  similar  duties. 

The  board  "shall  have  general  supervision  and  control  of 
the  educational  interests  of  the  state ;  may  direct  what  books  shall 
be  used  in  all  its  schools,  but  shall  not  direct  any  book  to  be 
changed  oftener  than  once  in  five  years ;  shall  prescribe  the  form 
of  registers  to  be  kept  in  said  schools  and  the  form  of  blanks  and 
inquiries  for  the  returns  to  be  made  by  the  various  school  boards 
and  committees ;  shall  keep  informed  as  to  the  condition  and  pro- 
gress of  the  public  schools  in  the  state ;  and  shall  seek  to  improve 
the  methods  and  promote  the  efficiency  of  teaching  therein,  by 
holding,  at  convenient  places  in  the  state,  meetings  of  teachers 
and  school  officers,  for  the  purpose  of  instructing  in  the  best 
modes  of  administering,  governing,  and  teaching  public  schools, 
and  by  such  other  means  as  they  shall  deem  appropriate;  but  the 
expenses  incurred  in  such  meetings  shall  not  exceed  the  sum  of 
three  thousand  dollars  in  any  year. 

"Said  board  shall,  on  or  before  the  Monday  after  the  first 
Wednesday  in  January,  in  each  year,  submit  to  the  governor  a 
report  containing  a  printed  abstract  of  said  returns,  a  detailed 
statement  of  the  doings  of  the  board  and  an  account  of  the  con- 
dition of  the  public  schools,  of  the  amount  and  quality  of  instruc- 
tion therein,  and  such  other  information  as  will  appraise  the  gen- 
eral assembly  of  the  true  condition,  progress  and  needs  of  public 
education."27 

STATE  SUPERVISION. 

State  supervision  of  actual  school  work  may  be  said  to  be 
still  in  its  infancy.  Only  a  few  states  have  made  special  provision 
for  this  purpose.  Virginia28  is  the  only  state  in  which  it  is  under 
the  absolute  control  of  the  state  board  of  education,  and  where  it 
is  carried 'on  by  state  officials.  Aside  from  Virginia,  Wisconsin 
has  probably  made  the  greatest  advance  in  this  respect,  having 
made  provision  for  inspection  of  high,  graded  and  rural  schools. 


26  Massachusetts,    Sch.    L.    '11,   p.    3,    sees.    1,    2, 

27  Connecticut   School   Laws,   '12,   p.    6,   sec.    2. 

28  Virginia  School  Laws,   '11,   p.    3,   sec.    7. 


INSPECTION  AND  SUPERVISION  115 

"He  may  also  appoint  in  like  manner,  an  inspector  of  free 
high  schools,  who  shall  assist  him  in  visiting,  inspecting  and  su- 
pervising such  schools  and  aid  in  giving  information  and  assist- 
ance in  the  organization  and  maintenance  thereof  in  towns  where 
there  are  no  graded  schools.  When  he  is  not  engaged  in  the  per- 
formance of  said  duties,  said  inspector  may  be  assigned  to  such 
duties  in  the  office  of  the  state  superintendent  as  the  latter  may 
designate."29 

"The  state  superintendent  is  hereby  authorized  to  appoint 
two  persons  of  suitable  qualifications  to  assist  him  in  inspecting 
and  supervising  the  state  graded  and  free  high  schools,  and  to 
aid  him  in  giving  information  and  needed  assistance  to  localities 
in  organizing  such  schools.  Such  persons  shall  be  known  as  state 
school  inspectors,  and  shall  each  receive  an  anuual  salary  of  six- 
teen hundred  dollars,  and  reimbursement  for  all  actual  and  neces- 
sary travelling  expenses  incurred,  when  duly  certified  to  by  the 
state  superintendent ;  said  salary  and  expenses  to  be  paid  monthly 
from  the  general  fund,  and  to  be  deducted  from  the  annual  ap- 
propriation provided  for  in  this  act,  before  the  apportionment  is 
made  to  the  state  graded  schools.  Said  state  school  inspectors, 
when  not  engaged  in  the  specific  duties  enumerated  herein,  may 
be  assigned  for  such  other  duties  as  the  state  superintendent  may 
determine  and  designate."30 

"The  state  superintendent  is  hereby  authorized  to  appoint 
a  competent  and  suitable  person  as  an  inspector  of  rural  schools. 
It  shall  be  the  duty  of  said  inspector  to  visit  and  inspect,  as  far 
as  practicable,  the  rural  schools  of  each  county  in  the  state  and 
to  procure  information  concerning  the  rural  school  districts.  This 
inspector  shall  assist  the  state  superintenednt  in  preparing  such 
special  reports  to  the  governor 'and  legislature,  bearing  upon  the 
conditions  and  needs  of  rural  schools  as  may  be  advisable.  It 
shall  also  be  the  duty  of  this  inspector  to  confer  with  each  county 
or  district  superintendent  concerning  the  condition  of  the  schools 
in  his  county  or  district;  to  consult  with  school  officers,  patrons 
and  teachers  in  regard  to  school  management,  discipline,  branches 
of  study,  school  law  and  school  sanitation,  and  by  public  lectures, 
conferences  and  meetings  endeavor  to  arouse  an  intelligent  inter- 
est in  industrial  and  agricultural  education,  as  well  as  in  the  usual 
routine  work  of  the  elementary  rural  school.  The  inspector  pro- 
vided for  by  this  chapter  shall  work  under  the  direction  of  the 
state  superintendent  and  shall  report  to  him  as  often  as  may  be 
deemed  necessarv.  concerning  the  conditions  found  in  the  schools 


20  Wisconsin    School   Laws,    1911,    p.    4,    sec.    165a. 
so  Wisconsin   School   Laws,    1911,   p.    214,   sec.    496f. 


116  STATE  CONTROL  OF  INSTRUCTION 

and  districts  inspected,  and  of  the  work  done  in  the  discharge  of 
his  duties."31 

In  Minnesota  the  State  High  School  Board  is  authorized  to 
appoint  high  and  graded  school  inspectors : 

"It  shall  appoint  a  high  and  a  graded  school  inspector,  and 
such  assistant  inspectors  and  examiners  as  may  be  necessary,  and 
fix  their  compensation;  but  no  person  receiving  a  salary  from  a 
state  institution  shall  receive  any  compensation  under  this  sec- 
tion, and  the  pay  of  examiners  shall  not  exceed  three  dollars  per 
day,  or  fifty  cents  per  hour."32 

Attention  might  be  called  in  this  connection  to  the  authority 
exercised  by  Massachusetts  over  local  supervision.  Towns  below 
a  certain  valuation  are  required  to  form  unions  for  the  employ- 
ment of  a  superintendent  whose  qualifications  are  determined  by 
the  state  board  of  education. 

"The  school  committee  of  two  or  more  towns  the  valuation  of 
each  of  which  is  less  than  two  million  five  hundred  thousand  dol- 
lars, and  the  aggregate  number  of  schools  in  all  of  which  is  not 
more  than  fifty  nor  less  than  twenty-five,  and  the  school  com- 
mittee of  four  or  more  towns  the  valuation  of  each  of  which  does 
not  exceed  two  million  five  hundred  thousand  dollars,  without 
reference  to  the  minimum  limit  in  the  aggregate  number  of  schools 
aforesaid,  shall  form,  a  union  for  the  purpose  of  employing  a  su- 
perintendent of  schools.  The  school  committee  of  such  towns 
shall  be  a  joint  committee,  which,  for  the  purpose  of  such  union, 
shall  be  the  agents  of  each  town  therein.  Such  union  shall  not 
be  dissolved,  except  by  a  vote  of  a  majority  of  the  towns  con- 
stituting the  union,  and  the  consent  of  the  board  of  education  to 
such  dissolution,  nor  shall  it  be  dissolved  for  the  reason  that  the 
valuation  of  any  one  of  the  towns  shall  have  so  increased  as  to 
exceed  two  million  five  hundred  thousand  dollars,  nor  for  the 
reason  that  the  number  of  schools  shall  have  increased  beyond 
fifty,  or  in  a  union  of  less  than  four  towns,  shall  have  decreased 
beiow  twenty-five. 

"When  the  chairman  and  secretary  of  such  joint  committee 
certify  to  the  auditor  of  accounts  under  oath,  that  a  union  has 
been  effected,  that  the  towns,  in  addition  to  an  amount  equal  to 
the  average  of  the  total  amount  paid,  or  to  the  amount  paid  each 
child,  by  the  several  towns  for  schools  during  the  three  years 
then  last  preceding,  unitedly  have  appropriated  and  raised  by 
taxation  not  less  than  seven  hundred  and  fifty  dollars  for  the  sup- 
port of  a  superintendent  of  schools,  and  that  a  superintendent  of 


si  Wisconsin    School    Laws,   1911,    p.    8,    sec.    167a. 
32  Minnesota    School    Laws,    1913,    p.    85,    sec.    250. 


INSPECTION  AND  SUPERVISION  117 

schools  has  been  employed  for  one  year,  a  warrant  shall,  upon  the 
approval  of  the  certificate  by  the  board  of  education,  be  drawn 
upon  the  treasurer  and  receiver  general  for  the  payment  of  twelve 
hundred  and  fifty  dollars,  three-fifths  of  which  shall  be  paid  for 
the  salary  of  such  superintendent,  and  two-fifths  thereof  shall  be 
apportioned  and  distributed  among  the  towns  forming  such  union 
on  the  basis  of  the  amount  appropriated  and  expended  for  a  super- 
intendent in  such  towns  for  the  preceding  year  and  shall  be  paid 
for  the  salaries  of  teachers  employed  in  the  public  schools  therein. 
"In  all  superintendency  unions  in  which  any  part  of  the  ex- 
pense of  the  superintendent  is  borne  by  the  commonwealth,  the 
state  board  of  education  shall  determine,  by  examination  or  other- 
wise, the  qualifications  of  candidates  for  the  position  of  superin- 
tendent of  public  schools;  and  after  the  first  day  of  January,  in 
the  year  nineteen  hundred  and  five,  no  person  shall  be  elected  to 
such  position  who  does  not  hold  a  certificate  of  fitness  and  com- 
petency from  said  board:  provided,  however,  that  this  act  shall 
not  apply  to  any  superintendency  union  in  which  one  town  does 
not  receive  aid  from  the  commonwealth  for  expense  of  the  super- 
intendent, until  the  termination  of  the  contract,  if  any,  existing 
between  such  towns  at  the  time  of  the  passage  of  this  act."3 

STATE  SUPERVISION  OF  RECENT  GROWTH. 

State  supervision  of  instruction  is  largely  a  product  of  the 
last  half  century.  The  early  schools  were  local,  and  what  super- 
vision there  was  had  to  do  with  the  administrative,  rather  than 
the  professional,  side  of  education.  The  schools  received  their 
support  through  fees,  sales  of.  land,  lotteries,  town  taxes,  and  pri- 
vate bequests.  As  noted  in  chapter  one,  with  the  establishment  of 
permanent  school  funds  began  the  exercise  of  central  control. 

The  office  of  state  superintendent  was  for  a  time  a  matter  of 
experimentation.  In  some  of  the  older  states,  it  was  established, 
abolished  and  then  revived,  and  the  duties  of  this  office  were  often 
assigned  to  some  other  officer  already  provided  for.  Thus  in 
New  York,  it  was  established  in  1812 ;  nine  years  later  it  was 
combined  with  the  office  of  secretary  of  state,  and  not  until  1854 
was  it  re-established.  In  Missouri,  Ohio,  Pennsylvania,  Vermont, 
Louisiana  and  New  York,  the  duties  of  this  office  were,  for  a 
time,  performed  by  the  secretary  of  state;  in  Colorado,  by  the 
state  treasurer ;  in  Oregon,  by  the  governor. 

The  first  board  of  education  was  organized,  in  1825,  in  North 
Carolina  and  known  as  "President  and  Directors  of  the  Literary 

33  Massachusetts    School    Laws,    1911,    p.    32,    sees.    43.    45. 


118  STATE  CONTROL  OF  INSTRUCTION 

Fund."  Ten  years  later,  Missouri  provided  for  a  similar  organi- 
zation known  as  the  State  Board  of  Education.  Besides  these 
two,  and  those  of  Connecticut  and  Massachusetts,  there  was  only 
one  other  established  before  1850,  that  of  Maine,  which  was  abol- 
ished six  years  later  and  has  not  since  been  revived. 

It  is  only  within  recent  years  that  provision  has  been  made 
for  real  state  supervision  of  elementary  and  secondary  schools. 
The  possibilities  here  are  great  if  the  work  is  done  with  intelli- 
gence and  skill.  If  the  inspector  gives  his  attention,  not  to  minute 
details  of  management  of  school  and  classes,  but  to  the  vital  work 
of  the  school,  if  he  is  in  possession  of  the  best  that  thought  and 
effort  have  produced  anywhere  bearing  on  teaching,  organization 
and  school  administration  to  place  at  the  service  of  the  schools, 
if  he  has  the  power  of  adaptability  to  circumstances,  so  that  he 
may  readily  see  the  relative  fitness  of  things,  if  he  is  animated 
with  a  spirit  of  helpfulness,  so  that  he  will  suggest  improvement, 
encourage  honest  efforts,  inspire  the  teachers  with  energy,  en- 
thusiasm and  zeal,  he  will  be  a  'most  potent  force  in  raising  the 
standard  of  elementary  and  secondary  education. 

That  it  has  been  necessary  for  the  welfare  of  society  that  the 
state  direct  and  control  more  and  more  the  educational  interests 
cannot  well  be  denied. 

"Unless  the  state  is  moving,  the  purposes  of  the  state  are  not 
being  fulfilled.  The  state  which  is  not  inspecting  and  improving 
its  schoolhouses ;  which  is  not  preparing,  regulating,  and  advanc- 
ing its  teaching  service ;  which  is  not  shaping  and  stimulating  and 
systematizing  the  work  of  its  schools,  through  a  department  of  the 
state  government,  and  through  universal  expert  supervision,  to 
which  it  has  given  a  dignity  of  standing  and  authority  sufficient 
to  justify  the  theories  upon  which  its  very  act  is  taken,  is  a  state 
whose  government  is  in  hands  that  are  nerveless,  or  whose  peo- 
ple are  strangely  and  basely  indifferent  to  the  evolution  of  educa- 
tional thought  and  to  the  stern  logic  of  educational  events."34 

Whatever  may  be  the  view  as  to  the  degree  of  centralization 
desirable,  it  cannot  be  gainsaid  that  the  supervision  of  the  state 
has  become  closer  and  closer.  To  enforce  the  principle  of  equal- 
ity underlying  American  education  this  has  been  found  necessary. 

"The  public  schools  stand  in  precisely  the  same  relation  not 
only  to  every  citizen,  but  to  every  inhabitant  of  the  land.  What 

34  Draper:    American   Education,   p.    41. 


INSPECTION  AND  SUPERVISION  119 

the  high  seas  are  to  the  sailor,  what  the  king's  highway  is  to  the 
landsman,  the  public  schools  are  to  every  child  on  the  road  to 
knowledge.  Equality  of  obligation  in  maintenance,  and  equality 
of  right  in  enjoyment,  is  the  legend  which  the  law  would  write 
across  the  front  of  every  public  schoolhouse."35 

To  insure  this  sovereign  prerogative  the  state,  in  the  interest 
of  society  as  well  as  the  individual,  has  assumed  greater  and 
greater  control  of  education. 

35  Draper:    American    Education,    p.    57. 


120  STATE  CONTROL  OF  INSTRUCTION 


CHAPTER  VIII. 

INFLUENCE  OF  HIGHER  INSTITUTIONS  ( >\ 
SECONDARY  COURSES  OF  STUDY. 

THE  PURPOSE  OF  THIS  DISCUSSION. 

In  the  treatment  of  the  subject  of  this  chapter,  it  is  not  the 
intention  to  make  a  comprehensive  study  of  the  relation  of  sec- 
ondary schools  and  colleges,  but  rather  to  consider  the  question 
only  in  so  far  as  it  is  affecting  the  secondary  courses  of  study. 
While  the  control  thus  exercised  by  higher  institutions  is  not 
strictly  state  control  and  may  possibly  be  better  characterized  as 
extra-legal  (with  the  exception  of  the  University  of  the  State  of 
New  York),  yet  the  consideration  of  state  supervision  and  in- 
spection would  hardly  be  complete  without  reference  to  this  re- 
lationship between  high  schools  and  colleges  which  has  had  a 
marked  effect  on  secondary  instruction. 

HISTORICAL  RESUME. 

Originally,  high  schools  and  colleges  had  no  relationship,  un- 
less possibly  one  of  rivalry.  The  high  school,  as  has  been  shown, 
originated . as  an  outgrowth  of  elementary  schools  to  answer  the 
demand  for  more  extended  training.  In  time,  however,  these  peo- 
ple's schools  added  to  their  aim  of  preparing  for  life  that  of  pre- 
paring for  college.  In  the  effort  to  make  the  educational  system 
continuous,  there  has  sprung  up  a  relationship  between  high 
schools  and  colleges  which  has  given  rise  to  many  problems  re- 
sulting in  much  discussion  and  readjustment.  Though  opinions 
differ  widely  as  to  what  should  be  the  nature  of  this  relation, 
four  methods  of  admission  to  college  are  in  general  use.  The 
eldest  method,  that  of  examination,  aside  from  its  use  by  the  col- 
lege entrance  examination  board,  is  now  confined  to  Harvard, 
Yale,  Princeton,  Bryn  Mawr,  and  a  few  other  eastern  institutions. 
The  certificate  plan,  by  which  the  candidate  from  the  preparatory 
school  is  admitted  on  a  statement  from  his  principal,  certifying 


INFLUENCE  OF  HIGHER  INSTITUTIONS  121 

that  he  is  considered  qualified  for  college  work,  prevails  generally 
in  New  England.  By  the  diploma  method  pursued  in  the  south, 
the  candidate  is  considered  qualified  by  virtue  of  his  diploma. 
Admission  by  accrediting  prevails  in  the  north  central  and  west- 
ern states.  The  most  perfected  system  of  examination  is  that 
carried  on  by  the  University  of  the  State  of  New  York,  the  only 
one  of  the  kind  in  the  country.  The  University  is  an  organiza- 
tion embracing  practically  all  the  provisions  for  secondary  and 
higher  education.  The  governing  body  is  the  board  known  as  the 
Regents  of  the  University  of  the  State  of  New  York,  whose 
function  includes  general  control  and  inspection  but  not  instruc- 
tion. The  work  of  the  University  is  divided  into  six  departments, 
one  of  which  is  that  of  the  high  school.  The  nature  and  charac- 
ter of  the  latter  is  indicated  in  the  following : 

"TTie  college  and  the  high  school  department  of  the  univer- 
sity are  under  a  single  department  director.  He  is  assisted  by 
nine  inspectors  of  schools,  one  of  whom  is  employed  as  an  in- 
spector of  apparatus,  and  by  a  large  staff  of  examiners.  On  the 
basis  of  reports  made  to  this  department,  the  regents  distributed 
in  1901  a  total  of  $292,311.81  to  the  secondary  schools  of  the 
state.  Formerly  a  portion  of  the  money  distributed  by  the  regents 
was  apportioned  on  the  basis  of  credentials  obtained  by  pupils  in 
the  schools  who  had  passed  regents'  examinations — a  method, 
that  is,  of  payment  by  results.  The  report  of  the  director  of  the 
high  school  department  for  1898  says  of  the  examinations :  Ti? 
June,  1898,  the  secretary  stated  to  the  regents  that  10  years'  ex- 
perience had  confirmed  his  views,  given  to  the  board  in  1889, 
that  examinations  have  the  highest  educational  value  and  that 
the  small  minority  which  would  abolish  them  are  extremists.  It 
is  believed,  however,  that  these  tests  would  be  more  valuable  if 
they  were  used  for  their  educational  value  and  not  at  all  as  a 
guide  in  distributing  public  money.  Inspection  will  enable  us 
in  most  cases  to  determine  satisfactorily  without  regents'  exami- 
nations whether  a  school  is  maintaining  a  standard  deserving  aid 
from  state  funds.' 

"In  accordance  with  this  recommendation  the  method  of  pay- 
ment by  results  has  been  discontinued  and  apportionments  are 
now  made  as  follows :  (a)  $100  is  allowed  to  each  school  ap- 
proved by  the  regents  without  regard  to  its  size  or  special  attain- 
ments; (b)  a  sum  not  exceeding  $250  for  the  purchase  of  ap- 
proved books  and  apparatus  is  allowed  to  each  school  raising  for 
the  same  purpose  an  equal  amount  from  local  sources;  (c)  the 
balance  of  the  fund  is  distributed  on  the  basis  of  total  attendance 


122  STATE  CONTROL  OF  INSTRUCTION 

of  academic  students,  provided  that  each  student  whose  attend- 
ance is  so  counted  must  hold  a  'regents'  preliminary  certificate' 
for  admission  to  the  school,  or  the  school  must  have  been  approved 
by  two  university  inspectors  as  having  a  higher  entrance  require- 
ment than  the  minimum  prescribed  for  the  preliminary  certifi- 
cate. Of  the  $350,000  appropriated  for  this  purpose  under  the 
present  laws,  about  20  per  cent  will  be  distributed  under  item 
(a),  about  15  per  cent  under  item  (b),  and  about  65  per  cent  un- 
der item  (c). 

"Regents'  examinations  are  held  in  January  and  June  in 
seventy-three  subjects,  covering  all  the  subjects  in  the  high  school 
curriculum,  and  in  March  twenty-six  subjects  only.  In  1901, 
these  examinations  were  taken  by  699  of  the  741  secondary 
schools  in  the  University.  Each  diploma  issued  by  the  regents  to 
a  graduate  of  a  secondary  school  shows  on  its  face  the  subjects 
in  which  its  holder  has  passed  regents'  examinations.  These 
diplomas  are  accepted  in  lieu  of  entrance  examinations  in  the  sub- 
jects which  they  cover  by  institutions  of  higher  education  not  only 
in  New  York  state  but  also  generally  throughout  the  United 
States.  As  the  regents'  preliminary  examinations  furnish  the 
standard  for  admission  to  the  secondary  schools,  their  influence 
extends  to  all  the  lower  grades,  and  large  numbers  of  pupils  from 
the  ungraded  rural  schools  take  these  tests  in  the  neighboring 
high  schools  and  academies.1 

THE  ACCREDITING  SYSTEM. 

While  the  system  of  examinations  with  all  its  imperfections 
has  had  its  beneficial  effect  (and  still  has  where  in  use)  in  com- 
pelling advance  on  the  part  of  preparatory  schools  to  meet  the 
increasing  college  requirements  for  admission,  it  is  the  accredit- 
ing system  which  has  done  more  than  any  other  agency  in  rais- 
ing the  standards  and  efficiency  of  secondary  schools. 

No  two  universities  pursue  in  detail  the  same  method  of  ac- 
crediting, but  the  general  policy  is  the  same.  No  school  is  placed 
on  the  accredited  list,  unless  on  examination  it  is  found  to  meet 
the  University  requirements  for  admission  and  the  continuation 
of  such  relation  is  dependent  on  the  maintenance  of  such  charac- 
ter determined  by  subsequent  periodical  inspection  by  University 
authorities.  The  benefits  derived  from  this  system  have  been 
many  It  has  enabled  communities  to  see  the  deficiencies  as  well 
as  excellencies  of  their  schools  and  been  instrumental  in  securing 
better  school  accommodation,  better  equipment,  and  better  teach- 


i  Brown:    Making    of    Middle    Schools,    p.    362. 


INFLUENCE  OF  HIGHER  INSTITUTIONS  1  !>:>, 

ing  force.  It  has  greatly  aided  superintendents  and  teachers  in 
maintaining  high  standards  of  scholarship.  Through  the  presen- 
tation of  university  ideals,  it  has  quickened  the  whole  intellectual 
life  of  the  community,  aroused  an  interest  in  higher  education  on 
the  part  of  many,  which  college  education  only,  later  could  satisfy. 

COLLEGE  DOMINATION. 

While  the  good  that  has  already  resulted  from  this  system 
can  hardly  be  over-estimated,  the  criticism  today  is  that  the  uni- 
versities and  colleges  exercise  too  strong  an  influence  over  the 
secondary  schools,  that  the  former  practically  prescribe  the 
courses  of  study  of  the  latter  and  name  their  teachers ;  that  these 
courses  of  study  are  framed  in  the  interests  of  the  few  who  later 
attend  college  and  do  not  meet  the  needs  of  the  great  mass  of  high 
school  students.  Whatever  reasons  there  may  be  for  such  criti- 
cism, it  should  be  remembered  that  in  raising  the  cry  of  domin- 
ation of  colleges  and  universities  over  secondary  schools,  that  any 
school  whatsoever  which  receives  pupils  for  admission  from  a 
lower  one  exerts  an  influence  over  the  latter,  directly  or  indirectly. 
This,  moreover,  in  any  system  of  education  is  important. 

"Any  substantial  uplift  in  a  system  of  education  must  come 
from  above.  Any  great  improvement  or  advance  in  a  class  of 
schools  must  come  from  a  class  of  schools  higher  up.  This  .fact 
is  now  actually  coming  to  be  recognized  by  the  lower  schools 
themselves,  in  America,  and  that  of  itself  is  giving  unwonted 
trend  and  character  to  the  national  school  system.  But  it  neces- 
sarily follows  that  the  factors  which  enter  into  the  scheme  and 
give  returns  to  the  plans  of  the  upper  schools,  exert  very  strong 
influence  upon  the  kind  of  uplift  and  the  direction  of  the  de- 
velopment which  these  schools  give  to  the  lower  and  middle 
schools."2 

The  right  of  universities  to  determine  their  own  conditions 
for  admission  cannot  well  be  denied.  To  maintain  that  all  high 
school  graduates  irrespective  of  their  training  or  experience  are 
equally  well  prepared  for  college  work  is  simply  a  re-statement 
of  the  theory  of  formal  discipline.  Instead,  however,  of  the  dis- 
cipline formerly  believed  to  be  derived  from  the  continued  study 
of  Latin  and  Greek,  it  is  now  intended  to  substitute  subjects  that 
meet  modern  industrial  or  local  needs.  As  it  makes  no  difference, 
seemingly,  as  far  as  college  work  is  concerned,  what  these  sub- 

2  Draper:    American    Education,    p.    204. 


124  STATE  CONTROL  OF  INSTRUCTION 

jects  are,  all  that  is  necessary  is  that  the  candidates  for  college 
are  bright  and  capable,  the  implication  obviously  is  that  what  is 
required  is  discipline,  power. 

"There  is  nothing  in  the  make-up  of  the  human  being,  taken 
in  an  isolated  way,  which  furnishes  controlling  ends  and  serves 
to  mark  out  powers.  If  we  leave  out  the  aim  supplied  from  so- 
cial life  we  have  nothing  but  the  old  'faculty  psychology'  to  fall 
back  upon  to  tell  what  is  meant  by  power  in  general  or  what  the 
specific  powers  are.  The  idea  reduces  itself  to  enumerating  a  lot 
of  faculties  like  perception,  memory,  reasoning,  etc.,  and  then 
stating  that  each  one  of  these  powers  needs  to  be  developed.  But 
this  statement  is  barren  and  formal.  It  reduces  training  to  an 
empty  gymnastic."3 

To  demand  that  any  high  school  graduate  shall  be  admitted 
irrespective  of  his  preparation  is  not  only  unpedagogical  and  in- 
consistent with  modern  psychological  thought,  but  puts  a  premium 
upon  vacillating  purposes  of  high  school  pupils.  That  such  free 
admission  would  tend  to  lower  the  standard  of  university,  as  well 
as  high  school  work,  is  evident.  No  teacher  of  any  experience 
will  maintain  that  the  character  of  the  work  in  a  class  is  uninflu- 
enced by  the  preparation  of  the  members  of  the  class.  It  would 
take  away  from  the  high  school  the  stimulus  which  comes  from 
having  to  meet  certain  standards  of  efficiency.  Nor  does  it  ap- 
pear that  it  would  especially  serve  the  needs  of  those  high  school 
pupils  who  have  no  thought  of  a  college  course.  To  maintain  that 
college  courses  and  entrance  requirements  should  be  so  framed  as 
to  afford  equal  college  opportunities  to  the  high  school  graduates 
who  early  determine  upon  a  college  career  and  those  whose  only 
aim  is  to  manage  in  some  way  to  obtain  a  high  school  diploma  but 
later  decide  to  attend  college,  is  not  dealing  fairly  with  the  former 
nor  is  it  in  accordance  with  natural  law.  The  saying,  "It  is  never 
too  late  to  be  what  you  might  have  been,"  would  be  nearer  the 
truth  if  changed  to  "It  is  always  too  late  to  be  what  you  might  have 
been."4  While  some  high  school  students  left  wholly  to  their  own 
devices  may  not  decide  to  attend  college  until  at  the  close  of  the 
high  school  course,  it  may  well  be  doubted  whether  any  real  high 
school  graduates  who  had  a  genuine  desire  to  attend  college  were 
ever  kept  from  so  doing  by  college  entrance  requirements.  What 
shall  be  the  future  of  the  high  school  graduate  is  determined  in 

3l>ewey:    Ethical    Principles    Underlying-   Education,    p.    12. 
4Halleck:    Education    of    the   Central    Nervous    System,    p.    94. 


INFLUENCE  OF  HIGHER  INSTITUTIONS  1  25 

no  small  degree  by  parents,  teachers  and  friends  and  the  ideals 
which  they  uphold  and  personify.  College,  as  well  as  high  school 
courses,  must  undergo  changes,  to  meet  the  varying  demands  of 
the  time.  College  entrance  requirements  have  been  greatly  modi- 
lied  in  recent  years.  That  other  modifications  are  desirable,  es- 
pecially in  respect  to  language,  is  maintained  by  many.  It  is  not 
apparent,  however,  that  high  school  courses  formed  wholly  in  view 
of  local  interest,  or  dominated  by  the  spirit  of  commercialism,  or 
imposed  from  without,  irrespective  of  the  demands  of  higher  edu- 
cation, will  give  a  better  training  to  those  pupils  for  whom  the 
people's  college  is  the  finishing  school.  University  requirements 
are  now  generally  broader  than  those  of  state  departments.  The 
admission  of  graduates  from  any  secondary  school  course  would 
take  away  from  the  high  schools  the  inspiration  and  help  that 
necessarily  comes  from  professional  inspection.  As  supervision 
and  inspection  is  absolutely  essential  to  effective  state  control 
over  education,  the  abolition  of  such  inspection  on  the  part  of  the 
universities  and  colleges  would  mean  the  further  centralization 
of  this  power  in  state  departments.  It  is  difficult  to  see  how  such 
a  change  from  double  to  single  inspection  would  be  in  the  inter- 
ests of  freedom  so  loudly  demanded.  Nor  is  it  apparent  that  a 
board  of  inspection  independent  of  the  universities,  unfamiliar 
with  college  needs  and  conditions,  except  such  as  gained  from 
outside  observation  and  hearsay,  would  carry  on  this  voluntary 
work  of  supervison  more  effectively  and  further  the  interests  of 
all  more  successfully  than  is  now  done. 

This  work  of  inspection  on  the  part  of  universities  and  col- 
leges is  a  development  of  recent  years.  The  accrediting  system 
originated  in  Michigan  in  1871,  was  adopted  by  Indiana  in  1873, 
by  Wisconsin  in  1878.  and  has  met  with  such  marked  favor  that, 
in  1894,  the  United  States  Commissioner  of  Education  reported 
forty-two  state  universities  and  agricultural  and  mechanical  col- 
legs,  and  about  one  hundred  fifty  other  institutions  as  having 
adopted  it/'  and  in  1902,  a  list  of  three  hundred  fifty  colleges 
which  at  least  in  part,  used  this  method  of  admission.0  While  this 
may  not,  strictly,  be  denominated  state  control,  it  is  at  least  state 
wide  in  its  influence  and  is  indicative  of  the  tendency  toward  cen- 
tralization in  education. 

5  Report    of    Com.    of   Education,    1894-95,    vol.    II,    p.    1172. 
«  Report    of   Com.    of   Education,    1902,    vol.    I,   p.    531. 


126 


APPENDIX  1 


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APPENDIX  4 


129 


APPENDIX  A. 
Required  Studies  in  the  Various  States.  —  Continued. 
(The  numbers  in  the  order  given  refer  respectively  to  the  pages  and  sections  of  the  school  codes.) 

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132 


APPENDIX  6 


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APPENDIX  12 


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APPENDIX   13 


139 


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140  STATE  CONTROL  OF  INSTRUCTION 


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